The Indore bench of the Madhya Pradesh High Court has stayed proceedings of a trial court against BJP leader Akshay Bam and his father, Kantilal, in connection with a 2007 attempt to murder case.
The stay order was passed on April 4, following a petition filed by the father-son duo challenging the framing of charges against them. The court has scheduled the next hearing for May 2 and directed the state counsel to produce the case diary and related documents in the meantime.
Justice Sanjeev S Kalgaonkar, while issuing the stay, stated that given the peculiar facts and circumstances of the case, the trial court proceedings would remain on hold until the next hearing. The order came after the petitioners questioned the timing and validity of the attempt to murder charge, which was added 17 years after the original FIR was registered.
The case traces back to October 4, 2007, when an FIR was lodged against Akshay Bam, his father Kantilal, and others, accusing them of assaulting one Yunus Patel over a land dispute.
The FIR included sections 294 (abusive language), 323 (voluntarily causing hurt), 506 (criminal intimidation), and other relevant sections of the Indian Penal Code. Patel had alleged that Satvir Singh, a security agency operator and also an accused in the case, fired at him with a 12-bore gun under the direction of Kantilal Bam. Singh has since passed away.
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On April 24 last year, the judicial magistrate first class (JMFC) in Indore, acting on a plea by the complainant, ordered the addition of Section 307 (attempt to murder) to the charges. Notably, five days after this development, Akshay Bam withdrew his nomination as the Congress candidate from the Indore Lok Sabha seat for the 2024 general elections and joined the BJP, a move that drew political attention.
Subsequently, an additional sessions judge framed charges against Bam and his father under the attempt to murder section. In response, the two approached the High Court, arguing that the inclusion of Section 307 was politically motivated and timed to coincide with Akshay Bam's electoral debut.
Their counsel, Raghavendra Singh Raghuvanshi, contended that for 17 years no attempt was made to invoke Section 307, and it was only introduced after Bam declared his candidature, implying ulterior motives behind the charge.
With the next trial date for recording of evidence set for April 30 in the sessions court, the defence sought a stay on proceedings, citing potential prejudice against the petitioners. The High Court’s interim relief now temporarily halts all further action in the lower court, pending further examination of the matter on May 2.
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