The Supreme Court on Monday told the CBI that dentist Rajesh Talwar, to stand trial for the mysterious murder of his teenage daughter Arushi along with his wife Nupur, could not be arrested despite non-bailable warrants issued by the Ghaziabad special judge as he continues to be on bail granted in July 2008.
The top court explanation on the status of Dr Talwar’s bail, on which the CBI raised doubts in the event of issuing of the NBW by the trial court after converting its report for closing the case into the chargehseet, came as a major relief to him.
This apparently will also help his wife to get bail, when she appears before the trial court on February 4 as an accused for the first time along with her husband.
“Petitioner Rajesh Talwar is on bail since July 23, 2008 and had furnished a bail bond (of `5 lakhs and two sureties of the like amount). In view of this, he will remain on bail,” a bench of Justices A.K. Ganguly and J.S. Khehar clarified.
As Dr Talwar has already deposited his passport with the Ghaziabad court, it will continue to remain in its custody during the trial proceedings, the top court said.
Since the Ghaziabad special court had fixed further hearing in the case on February 4 to act further on the CBI’s closure report, the petitioner and his wife will appear before it on the fixed date, the top court said.
However, the top court gave liberty to the CBI as well as Talwars to file any application before the trial court when they appear before it. The bench said that the trial judge will take independent decision on all such applications without being “influenced” by the SC order in any manner.
The Supreme Court’s clarification came after additional solicitor-general Haren Raval, appearing for the CBI, raised doubt about the continuity of Dr Talwar’s bail, claiming that it was granted during the investigation and before filing of the report by the agency before the trial judge. Mr Raval said since Dr Talwar’s application for “exemption” from appearance before it on February, 9, 2011 was rejected by the trial judge while taking connivance of the CBI’s closure report and converting it into the chargesheet, he was asked to furnish a fresh bail bond of `25,000.