Granting bail to Pakistani microbiologist Mohammad Khalil Chisti, undergoing life imprisonment in the Ajmer jail in a murder case, on Monday, the Supreme Court on Monday disposed of the special leave petition filed by him.
A Bench of Justices P. Sathasivam and J. Chelameswar said:
“We have considered the rival submissions and also perused the relevant materials. Taking note of his present age and also considering the fact that he was in Ajmer for the last 20 years and the evidence of PW-4 and PW-5 and without expressing anything on the merits of the case, we are satisfied that the appellant has made out a case for enlarging him on bail.
“Accordingly, the appellant is ordered to be released on bail in Sessions Case No. 157 of 2001 to the satisfaction of the Court of Additional Sessions Judge, (Fast Track) No.1, Ajmer.
“The Additional Sessions Judge is free to impose appropriate condition including surrendering of passport if he has not surrendered it earlier. Senior counsel for the appellant has also prayed for a specific permission to visit his country and also reside at Delhi until the disposal of the appeal.
“In the absence of a separate petition giving adequate reasons, we are not inclined to grant such permission. However, appellant is free to file such application giving adequate reasons.”
During the meeting between Prime Minister Manmohan Singh and Pakistan President Asif Ali Zardari here on Sunday, Pakistani officials urged India to set Dr. Chisti free.
Justice Sathasivam referred to newspaper reports in this regard and observed, “Let us hope what has happened yesterday will continue. What we have read from today's newspapers is that good things are happening.”
The Bench then asked Mr. Lalit to file a separate application giving reasons for his deportation to Pakistan.
Dr. Chisti came to Ajmer in February 1992 to see his ailing mother. On February 14, 1992, he went to attend a wedding in the neighbourhood and got into an argument with a relative, Idris Chisti, and some others.
The same evening, a mob, including Idris, came to Dr. Chisti's brother's house and a scuffle broke out and Idris was killed.
Dr. Chisti, who was under house arrest during the trial, was convicted and sentenced to life imprisonment by the trial court and this was confirmed by the High Court.
