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In a reprieve for BJP general secretary and Gujarat MLA Amit Shah,the Supreme Court on Monday exempted him from appearing before the CBI every alternate Saturday as a condition of bail in the Sohrabuddin Sheikh fake encounter case.
Rejecting the CBIs opposition to Shahs petition,a Bench of Chief Justice of India P Sathasivam and Justice Ranjana Prakash Desai pointed out that there were no accusations against the BJP leader on using his influence to threaten witnesses or influence the investigation.
What can be your objection if he (Shah) has not got involved in any other case after our bail order? It is not your case that he has influenced or threatened witnesses after our order. We are inclined to modify the said condition while we will also make it clear that other conditions will stand, said the Bench.
The Bench also took note of the facts that the trial of the case had already been shifted to Mumbai and the case was committed to Sessions court after its September 2012 bail order. It further considered Shahs assertions that the condition to appear every alternate Saturday before the CBI severely affected his political activities after he was elected to the Gujarat Assembly and was also subsequently appointed as the general secretary of the BJP.
In a feeble opposition to his plea to drop the condition,the CBI only argued that the apprehension continued that being an influential person,he might influence or threaten the witnesses.
By an order on September 27 last,the court had dismissed the CBIs plea,seeking cancellation of his bail in the Sohrabuddin Sheikh fake encounter case. It also ordered that the case be shifted from a Gujarat court to a court in Mumbai while directing Shah to report to the CBI office every alternate Saturday at 11 am.
While stating that it was not inclined to cancel Shahs bail,the court also noted that the CBIs apprehension that he may misuse his freedom and try to subvert the prosecution could not be brushed aside lightly. It asked Shah to give an undertaking to the trial court that he would not commit any breach of the bail conditions and would not try to influence any witnesses or tamper with the prosecutions evidence.
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