Under Wednesday’s court order, the Talwars will have to appear before the Central Bureau of Investigation (CBI) special court on February 28 for next hearing. Summons have been ordered to be issued to them for murder and destruction of evidence.
The Talwars would be appearing before the court of special judicial magistrate. Dr Nupur Talwar will have to file for a bail-application at the court and if it is rejected, she would be sent to judicial custody.
Dr Nupur Talwar's bail would be rejected by a lower court as it does not have a jurisdiction to grant bail in a murder case where session court trial is sought. For her bail, Dr Nupur Talwar could then proceed to the session court, High Court and even up to the Supreme Court. The CBI counsels are likely to oppose the bail at each stage, if Talwars apply for it.
"Dr Rajesh Talwar is already out on bail so his judicial custody would not be considered," said Talwar's lawyer Praveen Rai.
The Talwars would be provided with the copies of statements and related documents and the case would then be submitted to the session court, which will later call the accused for framing of charges. Thereafter, the trial will begin in a normal scenario.
However, Talwar's lawyers told Hindustan Times that Wednesday's order was just an end of a phase in the entire case which could divulge into many stages and each stage of action could see the process going through a session court, High Court and the Supreme Court.
"It would take time, even years, for the actual trial to begin," said Talwar's lawyer Satish Tamta. The Talwars now have an option either to file a revision against the Wednesday's order at a session court or a High Court, or file a petition under section 382 of the CrPC for quashing of the SJM court orders.
"This revision part, which is most likely we are going to adopt, can go to High Court and finally to the Supreme Court. In case we get the revision or the quashing of orders, the trial would take time till revision/quashing orders are contested and cancelled," Tamta said.