‘Rathore may not get bail easily’

At present,the only reprieve for Rathore is that the High Court has fixed June 29 to hear arguments over the revision petition — usually,a revision petition,once admitted,comes up for resumed hearing only after five to seven years.

On Friday,Justice Ajay Tewari adjourned Rathore’s application,demanding suspension of his sentence,along with the revision petition,challenging his enhanced sentence,to June 29.

Now,the petition will be argued at length by the parties involved — Rathore,the CBI and complainant Madhu Prakash — and may take several hearings before judgment is pronounced.

The only option left with Rathore is to approach the Supreme Court and file a Special Leave Petition (SLP).

But experts opine that even to challenge Friday’s order,the convicted DGP will have to search for a ground,which can convince the SC vacation bench to entertain the SLP.

As it is,the judgment by Justice Ajay Tewari has dealt with all the contentions raised by counsels of both the parties and given detailed reasons for not awarding interim relief to Rathore.

“It will not be easy for Rathore to challenge this order and get it set aside. Normally,in such a situation,where a High Court has not decided a case and rather adjourned it,the Supreme Court directs the concerned High Court to decide the matter. But since the High Court has already fixed a date for hearing,Rathore will have to come up with a reason to justify the urgency for immediate release,” advocate Ajay Kaushik,counsel for the CBI,said.

He added had the High Court dismissed the revision petition,it would have been easier for Rathore to challenge the order on standard grounds.

Opining that the road ahead for Rathore will be difficult,advocate Vinod Ghai said,“Rathore does have an opportunity to challenge this order in the apex court,but chances of him getting any immediate relief are very dim. For,the judgment is well-reasoned. Moreover,the High Court has already expedited the proceedings by fixing it for hearing on June 29.”

But he added that Rathore could demand interim relief by filing an interim bail on poor health grounds.

“Interim (temporary) bail is one option that Rathore can avail and that too,on poor health grounds. But Rathore will have to prove that he is seriously unwell to be shifted to a hospital,” Ghai said.

Interim bail is different from suspension of sentence. It is temporary relief,while suspension of sentence is a relief operative till the revision petition is decided.