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The CBI on Monday failed to move Supreme Court (SC) against the bail order of three suspended policemen, including two IPS officers, accused in the 2002 alleged fake encounter of Sohrabuddin Sheikh and his wife Kauserbi. On April 29, the Bombay High Court, while granting bail to the three police officers, had also put a stay on the operation of its order for seven days, following CBI’s request to approach SC in a week’s time against the order.
The policemen include IPS officers Abhay Chudasama and Dinesh M N (Rajasthan cadre), and Deputy Superintendent of police M L Parmar.
Dinesh and Parmar were behind the bars since 2007 after their arrest by state CID (Crime) while Chudasma was arrested in 2010 by CBI.
Chudasma has been chargesheeted by CBI as a “main conspirator” behind murdering Sohrabuddin and his wife, while Dinesh M N and Parmar had taken part in the alleged fake encounter, along with accused officials of Anti-Terror Squad of Gujarat.
Last month, two other accused policemen, suspended IPS Rajkumar Pandian and police inspector Balkrishna Chaubey – had been released on bail by the Supreme Court. Both of them were granted bail on the condition that they remain in Mumbai. The duo is likely to move the apex court to modify their bail on parity of the bail granted to Chudasma and two others.
There are 23 accused in this case. Out of them, 17 have been released on bail so far. Two of the accused – Himanshu Singh and Shyam Singh of Rajasthan police – have also moved bail application. Interestingly, Pandian and Chaubey are the only accused policemen who have been confined to Mumbai as a condition put by the Supreme Court.
Bombay High Court as well as Supreme Court, while granting the bail to these accused, have observed that the trial of the case doesn’t seem to be concluding in near future.
They observed, “The volume of documents required to be proved and the number of witnesses to be examined, the bail application is required to be viewed in that perspective.”
The Bombay high court has observed that “it will take even a year or so for getting all the investigation papers translated from Gujarati language to Marathi/English when the special case is required to be tried in Mumbai.”
Justice A R Joshi, while granting bail, also mentioned in his order, “It is further brought to our notice that admittedly there are more than 600 witnesses to be examined.”
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