In a reprieve to Rajesh Talwar, who along with his wife Nupur, would stand trial for the twin murder of their teenaged daughter Aarushi and domestic help Hemraj, the Supreme Court on Monday said the dentist would continue to be on bail until cancelled.
A bench of Justices AK Ganguly and JS Khekar refused to get drawn into intricacies of the case and ordered: “It appears that pursuant to this court’s order wherein this court upheld the order of the magistrate whereby cognisance was taken, the petitioner is likely to face trial…. It is not in dispute that the petitioner has been on bail since July 2008 and has also furnished the bail bond. Therefore, he may remain on bail.”
Pursuant to the order, senior advocate Harish Salve gave an undertaking that Rajesh would appear before the Ghaziabad magistrate on February 4, date fixed for further hearing.
SC also clarified that its order would not prevent either of the two parties from moving an application as entitled in accordance with law.
This means if CBI wants it can file an application before the magistrate to cancel Rajesh’s bail on the next date itself.
Rajesh had moved SC, challenging Allahabad High Court order upholding the magistrate’s direction to issue bailable warrants against him. Directing he would continue to be on bail, the bench said Rajesh would not leave the city without the local court’s permission. Also, it added, his passport would remain in court’s custody.