New Delhi [India], March 24 (ANI): The Delhi High Court on Tuesday extended Parole grated to Amit Shukla for his surgery. He is a convict in the Saumya Vishwanathan murder case and is serving a life sentence. Justice Saurabh Bannerjee extended the parole of Amit Shukla for two weeks effected from April 6. Parole has been extended, subject to his surrender on March 28.

Earlier, he was granted 4 weeks' parole in February for surgery on his right shoulder, which was scheduled for February 26. However, he was released from custody on February 28. Therefore, the surgery could not take place.

Advocates Shannu Baghel and Sonam appeared for Amit Shukla and prayed for the extension of parole.

It was submitted that the petition was to be admitted to Safdarjung Hospital on February 24. However, he could not get admitted as he was released from custody on February 28. Now the surgery is rescheduled for April 10. He has to admit in the hospital on March 8.

He, along with 4 others convicted of murder and running a crime syndicate.

They had challenged the judgment of 18.10.2023 and sentence for offence under section 302/34 IPC read with Section 3( 1 )(I) of the Maharashtra Control of Organised Crime Act, 1999. In this case, an FIR was registered under 302 IPC at Police Station Vasant Kunj in 2008.

In this case trial court convicted Ravi Kapoor, Amit Shukla, Baljeet Singh Malik, Ajay Kumar and Ajay Sethi.

Trial court had passed an Order on Sentence dated 25.11.2023, passed by the court at Saket Courts, whereby convicts were sentenced to imprisonment for life along with a fine of Rs. 25,000 for the commission of an offence punishable under section 302 IPC.

On October 18, 2023, while convicting the accused persons, Additional Sessions Judge (ASJ) Ravindra Kumar Pandey held that the accused persons were involved in criminal activities and they were members of an organised crime syndicate.

The court had said that the prosecution has also duly proved beyond all reasonable doubt the charge of offence punishable U/s 3 (1) (i) of MCOC Act against the accused Ravi Kapoor and co accused persons namely Amit Shukla, Ajay Kumar and Baljeet Malik and accordingly, they are held guilty and convicted for charge of commission of offence punishable U/s 3 (1) (i) of MCOC Act, 1999.

The court also had convicted four accused, Ravi Kapoor, Amit Shukla, Ajay Kumar and Baljeet Malik for the offence of murder.

' The Court is of the considered view that prosecution has duly proved beyond all reasonable doubt that accused Ravi Kapoor and his other associates co accused Amit Shukla, Ajay Kumar and Baljeet Malik had committed murder of the victim Saumya Vishwanathan with intention to rob her on 30.09.2008 in between 03.25 am to 03.55 am at Nelson Mandela Marg,' the judge said.

They are accordingly held guilty and convicted for the charge of offence punishable U/s 302/34 IPC, judgement read.

ASJ Pandey had said, 'Prosecution has duly proved by producing the circumstantial evidence, scientific evidence and eye witnesses who identified the accused persons Ravi Kapoor, Amit Shukla, Ajay Kumar, Baljeet Singh Malik to corroborate the confessional statement of the accused Ravi Kapoor as recorded Under section 18 of the MCOC Act to establish the fact that accused Ravi Kapoor in furtherance of common intention with the accused persons Amit Shukla, Ajay Kumar and Baljeet Singh Malik had murdered the deceased/victim Saumya Vishwanathan with the bullet fired by country made pistol.'

'It is proved from the above discussion that accused Ajay Sethi used to provide the necessary facilities to the co accused Ravi Kapoor, Amit Shukla, Baljeet Malik and Ajay Kumar in the commission of offence of the organized crime syndicate led by accused Ravi Kapoor,' the court said in the judgement.

The court also said that the prosecution has also duly proved beyond all reasonable doubt that the accused Ajay Sethi knowingly and intentionally retained the offending car originally stolen from Vasant Kunj, and he is accordingly held guilty and convicted for the charge of offence punishable under section 411 IPC.

They have also been convicted under sections of MCOCA. While convicting him, the court said that the prosecution has also duly proved beyond all reasonable doubt that the accused Ajay Sethi abetted or knowingly facilitated the commission of organised crime by the organised crime syndicate led by accused Ravi Kapoor, having its other members Amit Shukla, Baljeet Malik, and Ajay Kumar.

' He also used to hold the property derived or obtained from the proceeds of organized crime of the organized crime syndicate and the charge regarding the same for commission of offence punishable under MCOCA, 'ASJ Pandey held.

Accordingly, he is held guilty and convicted for the charge of offence punishable U/s 3 (2) of the MCOC Act and charge of offence punishable U/s 3 (5) of the MCOC Act, 1999,' ASJ Pandey said.

As per prosecution on 30.09.2008 in between 03.25 am to 03.55 am, near Pole No 78, at Nelson Mandela Marg, New Delhi, the accused persons namely Ravi Kapoor, Amit Shukla, Ajay Kumar and Baljeet Singh Malik had committed the murder of deceased/victim Saumya Vishwanathan, daughter of MK Vishwanathan by firing the bullet through country made pistol in order to rob her.

The said bullet was fired by the accused Ravi Kapoor while targeting the victim when the accused persons were chasing the victim's car, through the accused person's car being driven by the accused Ravi Kapoor, in order to rob the victim.

It was further alleged that the victim was chased by the accused persons when she was returning from her office to her home, and the accused persons chased the victim's car in order to rob her as she was travelling alone in her car.

It was an allegation against the co-accused Ajay Sethi that on 06.04.2009, at the parking of Sector -14, Faridabad, Haryana Market, he was found in possession of a stolen car belonging to Gaurav Singh. The said car was used in the commission of an offence against the deceased/victim Saumya Vishwanathan by the other co-accused persons, namely Ravi Kapoor, Amit Shukla, Baljeet Malik and Ajay Kumar.

It was a further allegation against the accused Ravi Kapoor, Amit Shukla, Baljeet Malik, and Ajay Kumar alias Ajay that after the arrest of the accused persons, namely Ravi Kapoor, Amit Shukla and Baljeet Malik in the Jigisha Ghosh murder case, their criminal activities were studied during the investigation.

It was found that accused Ravi Kapoor and his other associates/co-accused persons were involved in continuous unlawful activities by involving themselves in cases in which violence or threat of violence was used for their joint pecuniary benefits for their livelihood, and they were found to be members of an organised crime syndicate led by accused Ravi Kapoor. (ANI)