Bench says the doctor will remain on bail and face trial
In a big relief to doctor Rajesh Talwar, the Supreme Court on Monday said the bail granted to him by the lower court in the ‘Aarushi murder case' would continue and that he shoud appear before the Ghaziabad Magistrate on February 4 to face trial along with his wife, Nupur Talwar.
On January 6, a Bench of Justices A.K. Ganguly and J.S. Khehar had directed the doctor couple to face trial in the case relating to the murder of their daughter Aarushi in May 2008. Fourteen-year-old Aarushi, the only daughter of the Talwars, was found dead with her throat slit at the family's Noida residence on the outskirts of Delhi on May 16, 2008 and the body of their domestic help, Hemraj, was found on the terrace the next day.
Refusing to accept the closure report filed by the CBI in December 2010, the trial court took cognisance of the case.
The Bench had dismissed an appeal filed by Dr. Nupur Talwar against an order of the Allahabad High Court upholding the order of the trial court taking cognisance of the case.
On Monday, senior counsel Harish Salve, appearing for Dr. Talwar submitted that his client has been on bail since 2008 and that the order should continue to operate. Additional Solicitor General Harin Raval appearing for the CBI said bail was granted to Dr. Talwar under a different circumstance. However, Justice Ganguly told the ASG that since Dr. Talwar was on bail since 2008, he should remain on bail and face trial.
The Bench directed him not to leave the city without informing the local police station and said his passport would continue to remain in the custody of the Magistrate court. It made it clear that it would be open to the parties to approach the trial court in the matter in accordance with the law.