The high court held that the senior Gujarat police officer cannot be arrested until his non-bailable warrant matter is heard by a lower court.
On Monday, Pandey made a dramatic appearance before the special CBI court, wherein he came on a stretcher driven from a private hospital to the court by ambulance. Pandey remained on the stretcher for over four hours during the lengthy arguments over his anticipatory bail.
Earlier, the apex court, which had rejected his anticipatory bail plea, had directed him to surrender before the special court court where he and seven other Gujarat cops have been charge sheeted by the CBI in the fake encounter case.
A 1979 batch IPS officer of Gujarat cadre, Pandey had gone absconding even since he was summoned for questioning by the CBI in the first week of April.
He was declared a proclaimed absconder by the lower court in May this year and subsequently the Gujarat high court and the Supreme Court had dismissed his petitions seeking quashing of the FIR against him in the case.
In its charge sheet, the CBI has booked him and others for criminal conspiracy, murder, abduction, illegal confinement and destruction of evidence in the case.