Undertrial prisoners in two sensitive cases have obtained interim bail from the Gujarat High Court without mentioning that the cases,which were earlier being investigated by the Gujarat Police,were now being probed by the CBI. The matter came to light after the CBI counsel brought this before the HC when an accused in the Tulsiram Prajapati fake encounter case moved court for interim bail without mentioning the CBI as the prosecuting agency.
The standing counsel for CBI at HC Yogesh Ravani said that the probe agency was considering moving the Supreme Court in this regard to seek appropriate remedy.
According to Ravani,the three undertrial prisoners who kept HC in dark about the prosecuting agency are Ashish Pandya,Vinod Limbachiya and Shiva Solanki. Pandya and Limbachiya both suspended policemen are accused in the Tulsiram Prajapati fake encounter case,whereas Solanki is an accused in the Amit Jethava murder case.
Ravani said that Pandya got bail for three weeks. His bail application was rejected by the special CBI court in Ahmedabad. Following this,he moved the HC and did not mention the CBI as the prosecuting agency. Solanki got interim bail in a similar manner.
Limbachiya,Ravani said,moved interim bail petition recently without joining the CBI as party. However,the CBI counsel approached the concerned court and informed that the CBI was the prosecuting agency. He then told the court that the case had been transferred to Maharashtra by the Supreme Court and Gujarat HC did not have jurisdiction over it.
Ravani said,CBI authorities had sought my opinion on the issue of approaching the Supreme Court in this regard. However,I do not know if any petition has been moved before the apex court.