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Plea for Rathore's anticipatory bail not considered: Judge

The district and sessions court today did not consider the plea for anticipatory bail of ex-DGP SPS Rathore.

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The district and sessions court today did not consider the plea for anticipatory bail of ex-DGP SPS Rathore in connection with two fresh FIRs registered against him in Ruchika case but only accepted the application for interim bail till the next date of hearing.

"At this stage of the present case the court is not exercising its power either to grant or refuse the anticipatory bail of the petitioner (Rathore)," judge SP Singh said in his three-page order.
    
"The counsel for the petitioner has made a request for grant of interim bail only till the next date of hearing when the state will appear and present its case before the court lest the petitioner is arrested before hearing of the matter on merits by the court from both the sides," the order said.

The judge further said, "Going by the submission of the counsel perusing the order/documents referred before me, formation of SIT which is still to collect/ appreciate the evidence before arresting the petitioner such a request of the counsel (Abha) deserves acceptance."

The court also said it is aware of the legal proposition "that anticipatory bail to some extent intrudes into the sphere of the investigation of the crime and the court must be cautious and must circumspect in exercising such power of discretionary nature."

The court gave interim bail till January 7 to Rathore and issued a notice to the state to reply by January 6.
   
The case will at the next date come up before Additional District and Sessions Judge Sanjiv Jindal as Singh would be on leave from January four to 12.

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