Making his first appearance in court after his plea to transfer the Arushi murder trial to Delhi was rejected by the Supreme Court,dentist Rajesh Talwar was on Wednesday allowed to remain on bail by the special CBI court in Ghaziabad. The court will hear the case again on April 11.
Rajesh Talwars counsel argued that he had already been granted bail on June 11,2008,and should not be taken into custody.
Rajesh and his wife Nupur have been summoned by the Ghaziabad court of Special Judicial Magistrate Priti Singh to stand trial in the 2008 murder case of their daughter Arushi and domestic help Hemraj.
On Tuesday,the Allahabad High Court refused to provide any immediate relief to Nupur in connection with the hearing of her bail plea but asked the Ghaziabad court to look into it expeditiously.
On Wednesday,the CBI did not object to Nupurs absence but contested the argument of Rajeshs counsel.
In its submission,the CBI said the release order of July 11,2008 was given as per provisions of Section 169 of the Code of Criminal Procedure and could not be assumed as bail.
Section 169 of the CrPC relates to release of an accused when evidence is deficient.
In its statement before the court,the CBI said,The order passed in 2011 had been passed due to ongoing investigation in the case,and releasing a person under Section 169 is a provisional arrangement.
The CBI claimed that the Supreme Court,while deciding on the Talwars plea for transfer of trial,had strengthened the stand of the agency.
The Supreme Court said that the petitioner,Rajesh Talwar,is virtually on bail… The observation of the Supreme Court implies that he may not be arrested by the magistrate taking cognisance till the next date of hearing which is today. It is prayed that the accused persons be taken into custody and the case may be committed to the court of sessions for trial, the CBI said.
Praveen Rai and V K Rathi,counsel for Rajesh,argued that since the Supreme Court had observed that he was on bail,he could not be taken into custody. The Supreme Court has already said that he is on bail. Therefore,this court cannot now take him into custody, Rai said.
CBI counsel R K Saini said: We submitted that Rajesh Talwar was not really given bail as his release was under a provisional clause… the honourable court interpreted the Supreme Court observation as him being on bail and,therefore,said he could not be taken into custody. We will discuss and take up the issue on April 11,the next date of hearing.