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On Tuesday, The Delhi High Court dismissed a petition seeking cancellation of Shashi Tharoor’s anticipatory bail in the case of accusing him of allegedly abetting the suicide of his wife, Sunanda Pushkar.
Filed by Advocate Deepak Anand, dismissed by Justice RK Gauba, the plea had essentially challenged Mr. Tharoor’s move to bypass a magisterial court and directly approach a session court for seeking anticipatory bail.
On January, 17, 2014, Ms. Pushkar was found dead in her suite in Leela Hotel in South Delhi. The Delhi Police had then filed a charge-sheet in May this year, claiming Mr. Tharoor as an accused wherein an email sent by Ms. Pushkar to her husband, expressing her wish to die was cited.
Thereafter, on June 5, Samar Vishal, the Additional Chief Metropolitan Magistrate (ACMM), issued an order summoning Mr. Tharoor to appear before him on July 7. The ACMM took cognizance of the charge sheet and related documents submitted by the SIT, and had concluded that there were sufficient grounds to proceed with the charges against him for abetment of suicide under Section 306 of IPC and committing cruelty under Section 498A of IPC.
Mr. Tharoor had then moved a plea before Additional Special judge ,Arvind Kumar, for anticipatory bail who had sought response of the Delhi Police after Mr. Tharoor’s counsel, Senior Advocate Vikas Pahwa had submitted that the charge sheet has been filed without arrest. The SIT had categorically stated in the charge sheet that the investigation is concluded and all requisite evidence and material has been collected and no custodial interrogation of any person is required. Thus, holding that the charge sheet has been filed without arrest, a bail is inevitable.
His plea was then allowed, two days before he was scheduled to appear as an accused in the said case.
This was challenged before the HC. On September 25, the Delhi Police partly supported the plea and filed a status report in the matter.
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