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June 1, 2001

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BMW case: HC imposes Rs 450 million
bond and surety on accused

Taking a cue from the conditions imposed on the Hinduja brothers by the Supreme Court granting them permission to go abroad, the Delhi High Court on Friday directed BMW car hit-and-run case accused Sanjeev Nanda, a British national, to execute a bond of Rs 150 million and two sureties of the same amount while allowing him go to the United States of America for 22 days.

Justice R S Sodhi imposed the bond and surety amount on Nanda, the grandson of former naval Chief S N Nanda, while allowing him to go to the US for an 18-day workshop related to his business deals in that country. Sanjeev Nanda is already out on bail.

The hefty bond and surety amount on Nanda was imposed by the court after his counsel Kanchan Singh cited the apex court judgment, which allowed two of the three Hinduja brothers to travel abroad on their furnishing a bond of Rs 150 million each.

Nanda is facing trail for crushing to death six persons while driving his BMW car allegedly at high speed in Delhi on January 18, 1999.

His two friends Manik Kapoor and Siddharth Gupta were also with him in the car when the incident took place, the prosecution had alleged.

Justice Sodhi said since all material witnesses in the case had been examined by the court, the prosecution should have no objection to Nanda going abroad in connection with his business deal for a short period.

Nanda had moved the High Court after the trial judge had dismissed his application on May 26.

Before dictating the order, Justice Sodhi asked Nanda's counsel to confirm from his client whether he was ready to furnish the bond for the same amount as had been executed by the Hinduja brothers.

Nanda promptly told his lawyer that he was ready to execute the bond for the same amount.

The court rejected the contention of Special Prosecutor Vineet Malhotra that if the accused was allowed to go abroad, he might not come back to face the trial because he is a foreign national.

The court said, "The petitioner (Nanda) can be safely allowed to go abroad as he is on bail and the respondent (prosecution) has not brought any material before the court that will suggest that he had violated the bail conditions."

Justice Sodhi directed the trial court to release Nanda's passport to facilitate his travel abroad from June eight. The accused was further directed to report to the trial court on his return on June 30 and surrender his passport.

The court, during the hearing, pulled up the prosecution for allowing key witnesses to be 'influenced' by the accused.

All the three key witnesses in the case had turned hostile and retracted their statements in the court.

"Nobody is above law, but in this case money has been doled out," the court observed referring to the payment of Rs 6.5 million as compensation by Nanda's family to kin of the victims.

"The main witnesses are turning hostile blatantly under the influence of money," the court said adding that due to the prosecution's failure, 'a close and shut' case seemed to have been spoiled.

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