NEW DELHI: A Delhi court reserved its order on the plea of an accused in an NRI student death case, seeking permission to travel abroad in order to pursue his higher studies.
Chief Metropolitan Magistrate Veena Rani fixed May 30 for pronouncement of its verdict on the plea of accused Shivank Gambhir who is now out on bail.
NRI student Anmol Sarna died during a party, where drugs were consumed, on the intervening night of September 13 and 14 last year at a friend's residence in South Park Apartments at Kalkaji here.
Gambhir had approached the court requesting for the release of his passport so that he may go to the United Kingdom to pursue his studies.
The application seeks that "passport seized on November 7, 2013, be released. He (Shivank) be allowed to travel abroad so as to enable him to continue his education in engineering at Bristol University (UK) during pendency of investigation in the case".
The accused's counsel told the court that his client was in the UK for the last two years before the incident took place.
"I (Gambhir) was in India when this unfortunate incident took place, due to which I was forced to drop one year, as the probe was under process. I will abide by the court's order and would appear as and when summoned.
"The court can impose any condition it deems fit on me.
The request may be considered sympathetically so that my studies do not suffer," Gambhir's counsel submitted.
The prosecution and the complainant's counsel opposed Gambhir's contention and said serious charges have been levelled against him and others, which does not permit the court to allow his plea as the investigation in the case is still incomplete.
Gambhir's advocate said the sessions judge in its November 6 order last year, while enlarging the four friends on bail, had said the "Investigating Officer has failed to produce any incriminating material against the accused persons that they have killed Anmol Sarna".
To which, the deceased's counsel contended the probe in the case is still underway and CFSL and CDR report is also awaited till date, so they are not yet cleared of murder charges.
"The sessions judge had also imposed condition that the accused will not leave country without intimating it," Sarna's counsel said, adding once he is allowed to travel abroad he will not join the probe and it will be very difficult for us to bring the accused back".
Gambhir's counsel said he has got Indian passport and "if the court feels that I am avoiding investigation, the court can invoke my passport by issuing non bailable warrant".
"If that is done, then the UK government has no option left but to deport me back to India," the accused's counsel said.
Sarna's lawyer said the accused is also facing the charge of procuring drugs, which has some links with trafficking in India from China.
"Admittedly, this person (Gambhir) was living abroad, it means he has some connection in trafficking..,"the prosecution said.