In a major relief to Dr Rajesh Talwar, the CBI Special Judicial Magistrate's court on Wednesday allowed him to remain on bail.
Talwar had appeared before the CBI court in Ghaziabad to face a trial in the Aarushi-Hemraj murder case. His wife Dr Nupur Talwar didn't appear personally and was represented by her counsels.
In the courtroom, only the litigants and their counsels were present as CrPC 327 orders issued previously by the SJM following an attack on Talwar in January last year were in force.
In over an hour of hearing, the CBI counsels argued that the stage was set for compliance of section 207 and 209 of CrPC for which both the accused (the Talwars) have to surrender themselves before the court and seek regular bail.
CBI counsel RK Saini requested that the accused be taken into custody and, after regular procedures, the case may be committed for trial to a sessions court.
Dr Rajesh Talwar was previously arrested after the double murders in 2008 and later released under section 169 of CrPC by a Ghaziabad court in July 2008.
The CBI said the Supreme Court’s January 9 order to grant interim relief to Rajesh Talwar was not regular bail and he should face arrest and then apply for fresh bail in the court.
However, the CBI judge, taking into consideration the Supreme Court order, rejected the CBI's plea of taking Dr Rajesh Talwar into custody and decided the next date of hearing as April 11.
On the other hand, Dr Nupur Talwar, in her application before the court, requested that she be given 15 days' time to surrender before the court.
She also mentioned that she was awaiting a certified copy of the High Court order and requested for exemption from appearance on Wednesday.
Further, the Ghaziabad court order stated that the accused be provided case related documents under section 207 of CrPC. CBI counsels said the documents were already handed over to Dr Talwar.