Fugitive wanted in Australia gets a day from HC to tie knot

A youth, facing extradition to Australia for mowing down a student and injuring another in an inebriated condition in 2009 there, was today allowed by the Delhi High Court to remain outside the jail for a day to tie the knot in the presence of police.

Justice V P Vaish, however, declined five days interim bail sought by accused Puneet Kumar and asked the police to take him to his wedding tomorrow in custody and bring him back the same day.

The court also refused to grant him three days time to stay with his family and said the applicant cannot be given "even a single day outside jail after his wedding".

The judge said the policemen will be accommodated at the expense of the accused.
The court was hearing the interim bail application moved by the youth who stated his marriage has been fixed for September 5, at Panchkula in Haryana, so he needs to stay home for five days.

However, central government's Standing Counsel Anil Soni and advocate Naginder Benipal opposed Puneet's plea and said "we could not verify the claim of marriage".
"The case has international ramifications. The applicant (Puneet) is a fugitive criminal who is wanted in Australia and the proceedings to extradite him are underway.

"He fled from Australia after mowing down one person and injuring another while driving under the influence of alcohol. He was absconding for four years. There was also a reward of Rs 57 lakh on his head. His interim bail plea has been dismissed by the high court. He deserves no sympathy," the counsel said.

Advocate Soni further said "as per the Australian law, the offence committed by him entails a punishment of upto 20 years in jail".

Puneet was charged by Victoria Police for causing the death of 19-year-old Dean Hofstee and seriously injuring 20-year-old Clancy Coker in a road accident that happened in 2008. The victims were students from Queensland.

Police had said alcohol levels in Kumar's blood showed he was inebriated at the time of the accident.

During the proceedings, the court questioned the authenticity of the wedding invitation card attached along with the bail plea as it was only the envelope of the card and the date of marriage was not given.

"Is this a wedding invitation card? You should have filed the card. How will they verify whether you are getting married or not," the judge said.

To which, the government's counsel said "even if it is assumed to be true, it is not in itself sufficent grounds entitling the fugitive criminal to grant of interim bail".

"The present application is an abuse of the process of law. Yet another attempt by the accused to further delay the extradition proceedings which have already been inordinately delayed due to his absconding," advocate Soni said.

Puneet had gone to Australia to study hospitality. He fled the country on June 12, 2009 using a friend's passport after he was found guilty of negligent driving, the Centre said in its status report.

Puneet was arrested on November 29, 2013 from Punjab after a four-year manhunt.
The Centre's report also gave details of how Puneet, with aid of his family members, evaded arrest after coming here.

"The father of the fugitive criminal made a statement on an affidavit that his son had gone back to Australia, whereas he was arretsed from Patiala (Punjab) itself where the father himself was residing.

"This act of deliberately misleading the police as well as evading the criminal justice system shows the malafide intention of the fugitive criminal and his family members. The fugitive criminal is making all attempts to evade the process of law," the Centre's counsel said.

He further said "thus there is very strong likelihood of the fugitive criminal absconding once again and violating the conditions if extended the consession of bail".

Earlier, the lower court had dismissed his bail plea and now the "inquiry proceedings is pending before the Extradition Magistrate here, for evidence of the concerned officer of the Ministry of External Affaiars."

The hearing before the magistrate is listed for September 16, the Centre's counsel said.

Kumar was produced before a court in Rajpura District, Punjab, in December last when he had said that he wanted the trial to continue in India as his life was under threat in Australia.