HC rejects RK Sharma's interim bail plea

NEW DELHI: Rejecting the interim bail application of suspended Indian Police Service officer R K Sharma, accused in the Shivani Bhatnagar murder case, the Delhi High Court on Tuesay directed the trial judge to examine his request for supply of a gist of statements made by her husband Rakesh Bhatnagar.
 
Justice Badar Durrez Ahmed rejected the interim bail application of Sharma, sought on the ground that he was suffering from a serious spinal ailment.

 

The High Court observed the trial court should conclude the nature of statements made by Rakesh, husband of Shivani, the murdered Indian Express journalist.
   
The defence and prosecution disagreed on the definition of the statement and observations made in a case diary.

 

Public prosecutor S K Saxena submitted that the investigation officer had described the contents of the case diary as his observations on the strength of the interrogation and cross-examination of Rakesh. Therefore, the accused is not entitled access to the case diary, he added.
 
Citing the Supreme Court case, the defence team, however, submitted that they should be allowed access to the contents because Rakesh’s statements constituted the contents of the case diary.
 
The accused has long been in custody. The contents can seriously affect his conviction, they argued.

 

The court agreed that the law permitted the accused access to the statements in the case diary. However, it observed that it should be left to trial court to read the contents of the case diary and decide its nature.

 

If it were found to be mere statements, the accused would be allowed access, the court said.