The apex court said the CBI court or the Gujarat high court, while considering the bail plea of the officer Rajkumar Pandiyan would not be influenced by its earlier orders rejecting his bail.
Rejecting CBI's strong opposition, the Supreme Court today asked a senior Gujarat cadre IPS officer, who is one of the accused in the killing of Sohrabuddin Sheikh in a fake encounter, to approach either the designated trial court or the high court for bail.
The apex court said the CBI court or the Gujarat high court, while considering the bail plea of the officer Rajkumar Pandiyan would not be influenced by its earlier orders rejecting his bail.
"The petitioner is at liberty to appraoch the CBI court or the high court with the bail application. While considering the bail plea, the competent court would not be influenced by its earlier orders rejecting his bail," a Bench headed by chief justice K G Balakrishnan said.
The court turned down the contention of additional solicitor general Indira Jaising and senior advocate Dushyant Dave that Pandiyan's petition was not maitainable and he should not be given any liberty to approach the trial court or the high court for bail.
"He is an undertrial prisoner. He is entitled to bail. Law of the country permits him for the bail. This court has the power to release any accused on bail," the CJI said when the ASG and Dave opposed the Bench's idea of asking Pandiyan to approach the competent court for bail.
Dave, while opposing the submission of Jethmalani, charged the arrested IPS officer has murdered three innocent persons.
Dave was appearing for Soharabuddin's brother Rubabuddin Sheikh on whose petition the case was transferred to CBI from
Gujarat police.
However, Jethamalani said Pandiyan has allegedly killed a person who was a "greatest threat" to the country and he is entitled to bail.
"I (Pandiyan) have killed one of the most notorious criminals of the country, for which the nation should be grateful.. he (Soharabuddin) may have died in a fake encounter and the law will take its course. But I am entitled to be heard for my bail plea," he submitted before the Bench also comprising Justices Deepak Verma and B S Chauhan.
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