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The Gujarat High Court (HC) Wednesday dismissed a petition by suspended Gujarat-cadre IPS officer Vipul Aggarwal in connection with the 2006 Tulsiram Prajapati encounter case.
Aggarwal had sought release from jail on the ground that he was arrested and chargesheeted by Gujarat CID (Crime) in the case. However,the chargesheet had been disproved by the Supreme Court (SC),which transferred the investigation to CBI.
The central probe agency has not arrested him in the case so far.
Aggarwal was superintendent of police in Dahod district when he was arrested by the Gujarat CID (Crime) in May 2010 in the case.
He was the superintendent of police of Banaskantha district,where the encounter had taken place in December 2006.
According to CBI counsel Yogesh Ravani,Aggarwal had sought to be released from jail with the contention that he would appear before CBI or the concerned court as and when he was issued summons.
However,Ravani added,they opposed the petition saying Aggarwals contentions had already been rejected by the apex court while deciding his earlier application seeking default bail.
We argued that the CBI has been investigating the case further. So,it cannot be called a fresh investigation.The court has upheld our argument, Ravani said.
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