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Sohrab case: Guj HC rejects bail plea of IPS officer
The Gujarat High Court on Monday rejected the bail application of suspended IPS officer Rajkumar Pandiyan, accused in the 2005 Sohrabuddin Sheikh fake encounter case.
The Gujarat High Court on Monday rejected the bail application of suspended IPS officer Rajkumar Pandiyan, accused in the 2005 Sohrabuddin Sheikh fake encounter case.
Justice M R Shah, while rejecting Pandiyan's bail plea, upheld the contention of the investigating agency CBI that releasing him would hamper investigation in the case.
The court also dismissed the contention of the defence that since Pandiyan was in jail since April 2007, keeping him for such a long time in prison amounted to violation of article 21 of the constitution.
The CBI during hearing of the case, had submitted before the court that Pandiyan was threatening witnesses from inside the jail.
Senior counsel K T S Tulsi, appearing on behalf of CBI, had given two sealed covers containing statements of witnesses recorded under section 164 of the Criminal Procedure Code (CrPC), to justify his submission.
Tulsi told the court that investigation was at a stage where safety of witnesses was important. Otherwise it would be difficult to reach the stage of trial in the case.
Pandiyan had approached the High Court seeking bail on the grounds of parity as former Gujarat Minister of State for Home, Amit Shah, a prime accused in the fake encounter case, was given bail.
Pandiyan's counsel S B Vakil told the court that since his client's bail was first rejected in 2008, circumstances pertaining to the case had changed.
He said that Supreme Court had stayed the trial of the case in 2008 and it was uncertain when the trial would commence.
Also, the case has been transfered to the CBI by the Apex Court following which the agency filed charge sheet against Pandiyan and submitted final its report to SC, he added.
He said that since a key accused like Shah was granted bail by Gujarat High Court in October, his client also deserved to be released on bail as there were no apprehension of him interfering with probe which as per CBI was complete.
Pandiyan along with other IPS officers in the case, D G Vanzara and Dinesh M N, were arrested by the state CID in connection with the fake encounter of Sohrabuddin in April 2007.
Sohrabuddin, an alleged gangster was killed in a police encounter, on the outskirts of Ahmedabad city in November 2005.
A few days later Sohrabuddin's wife Kaursarbi was also killed allegedly by policemen and her body was burnt and ashes thrown in Narmada river.
According to CBI, one of the key witnesses in the case, Tulsiram Prajapati was also killed in a police encounter in December 2006.
