Even as the Central Bureau of Investigation strongly opposed the bail plea of the former Haryana Director-General of Police, S.P.S. Rathore, in a molestation case, the Supreme Court on Wednesday deferred the hearing on his application till November 11.
A Bench of Justices P. Sathasivam and B. S. Chauhan did not consider Rathore's plea for grant of interim bail for 10 days to celebrate Deepavali. When senior counsel U.U. Lalit, appearing for Rathore, insisted on bail, Justice Sathasivam told him: “We are not underestimating your right to enjoy Deepavali, but you should also consider the feelings of the victim. When you say Deepavali is important for you, it is important for the victim's family also.”
While posting the matter for further hearing, the Bench sought the CBI's response on conditions that could be imposed on Rathore in the event of his release on bail.
Earlier, Additional Solicitor-General Harin Raval sought six weeks' time, stating the CBI was investigating three other cases under Section 306 IPC (abetment to suicide) and of the alleged implication of the victim's brother in false car theft cases and forgery of her suicide note. He said the CBI was opposing bail in the molestation case.
However, Mr. Lalit drew the attention of the court to its earlier judgments quashing abetment to suicide and harassment charges and said all the three cases were foisted on Rathore. Justice Chauhan asked Mr. Raval “Kindly tell us whether it [fresh investigation] would not amount to reviewing our own judgments.” However, Mr. Raval said it was a different case and the earlier findings had nothing to do with a fresh enquiry.
Rathore, in his special leave petition, had challenged his conviction and 18- month imprisonment in the case of molestation of the 14-year old promising tennis star. (She later committed suicide). He was initially awarded six months' imprisonment by a trial court, which was subsequently enhanced to 18 months by the sessions court on the CBI's appeal.
The Punjab and Haryana High Court declined to interfere with the sessions court's decision. Rathore sought quashing of the impugned judgment, and also grant of bail.
