NEW DELHI: The Supreme Court on Monday ruled that Dr Rajesh Talwar would remain on bail till he appears before court on February 4 to face trial in his daughter Aarushi's murder case.
Further proceedings against Rajesh Talwar to be decided by Ghaziabad court, the court ruled.
The Supreme Court heard his bail petition today, two days after he was asked by the apex court to face trial along with his wife Nupur for the murder of their teenage daughter Aarushi and domestic help Hemraj.
The court had on Friday upheld orders of the trial court and the Allahabad high court to try the dentist couple as accused in the double murder of 2008.
Talwar's bail plea will have a bearing on his spouse Nupur, who now stands as an accused in the double murder case.
Talwar has been out on bail since 2008 when the CBI, on the basis of its preliminary investigation, gave the couple a clean chit. The agency reversed its stand after detailed investigations carried out by a different team pointed to the couple as the primary suspects in the case. The agency, however, said it did not have strong enough evidence to prosecute them in the sensational crime.
The agency filed a closure report before the trial court in Ghaziabad citing lack of prosecutable evidence. However, Preeti Singh, the magistrate presiding over the court, rejected the closure report, saying there was enough material in the "closure report" to justify trial of the couple for the twin murders.
An apex court bench headed by Justice A K Ganguly passed the directions on a plea by Talwar seeking his continuation of bail granted to him in 2008, The bench had on Friday dismissed the couple's plea to quash criminal proceedings against them. The bench had said there was nothing wrong in the Ghaziabad magistrate's order taking cognizance against them and putting them on trial. The trial judge passed the order after applying his mind, the bench had noted.
"We feel constrained to observe that the court should exercise utmost restraint before interfering in the magistrate's order," the bench had said adding, "The magistrate has applied his mind to come to the conclusion of taking cognisance in the case."
Fourteen-year-old Aarushi, the only daughter of the Talwars, was found dead with her throat slit at the family's Noida residence on the night of May 15, 2008. The body of domestic help Hemraj was found on the terrace the next day.
Investigation in the case was initially carried out by the Uttar Pradesh police which arrested Talwar on May 23, 2008. The probe was handed over to CBI on May 29 and Talwar was granted bail by the Ghaziabad court on July 11 as the agency had arrested three servants - Krishna, Vijay Mandal and Rajkumar. The agency had claimed that the three servants had consumed liquor in the house on that day along with Hemraj and then they killed Aarushi and Hemraj.
The CBI reconstituted its team and, after a fresh probe lasting almost two years, filed a closure report in the case in the Ghaziabad special CBI court. The magistrate took cognizance of the case and summoned Talwars on February 9, 2011.
The couple subsequently moved the Allahabad HC, which dismissed their plea to quash the trial court summons and the proceedings initiated against them. They then approached the apex court which had on March 9 last year stayed the trial against them but it vacated the stay on Friday.
The court had on Friday upheld orders of the trial court and the Allahabad high court to try the dentist couple as accused in the double murder of 2008.
Talwar's bail plea will have a bearing on his spouse Nupur, who now stands as an accused in the double murder case.
Talwar has been out on bail since 2008 when the CBI, on the basis of its preliminary investigation, gave the couple a clean chit. The agency reversed its stand after detailed investigations carried out by a different team pointed to the couple as the primary suspects in the case. The agency, however, said it did not have strong enough evidence to prosecute them in the sensational crime.
The agency filed a closure report before the trial court in Ghaziabad citing lack of prosecutable evidence. However, Preeti Singh, the magistrate presiding over the court, rejected the closure report, saying there was enough material in the "closure report" to justify trial of the couple for the twin murders.
An apex court bench headed by Justice A K Ganguly passed the directions on a plea by Talwar seeking his continuation of bail granted to him in 2008, The bench had on Friday dismissed the couple's plea to quash criminal proceedings against them. The bench had said there was nothing wrong in the Ghaziabad magistrate's order taking cognizance against them and putting them on trial. The trial judge passed the order after applying his mind, the bench had noted.
"We feel constrained to observe that the court should exercise utmost restraint before interfering in the magistrate's order," the bench had said adding, "The magistrate has applied his mind to come to the conclusion of taking cognisance in the case."
Fourteen-year-old Aarushi, the only daughter of the Talwars, was found dead with her throat slit at the family's Noida residence on the night of May 15, 2008. The body of domestic help Hemraj was found on the terrace the next day.
Investigation in the case was initially carried out by the Uttar Pradesh police which arrested Talwar on May 23, 2008. The probe was handed over to CBI on May 29 and Talwar was granted bail by the Ghaziabad court on July 11 as the agency had arrested three servants - Krishna, Vijay Mandal and Rajkumar. The agency had claimed that the three servants had consumed liquor in the house on that day along with Hemraj and then they killed Aarushi and Hemraj.
The CBI reconstituted its team and, after a fresh probe lasting almost two years, filed a closure report in the case in the Ghaziabad special CBI court. The magistrate took cognizance of the case and summoned Talwars on February 9, 2011.
The couple subsequently moved the Allahabad HC, which dismissed their plea to quash the trial court summons and the proceedings initiated against them. They then approached the apex court which had on March 9 last year stayed the trial against them but it vacated the stay on Friday.
Source: TOI
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