Plea challenging Shashi Tharoor’s anticipatory bail: dismissed, dismissed, dismissed!

Plea challenging Shashi Tharoor’s anticipatory bail: dismissed, dismissed, dismissed!

Aditi Singh

The Delhi High Court today dismissed a plea seeking cancellation of anticipatory bail granted to Congress Leader Shashi Tharoor in Sunanda Pushkar case.

The  plea sought to set aside a July 5 order by Additional Session Judge Arvind Kumar which granted anticipatory bail to Tharoor,

Counsel appearing for Tharoor, Senior Advocate Vikas Pahwa raised strong objections against the locus of the Petitioner and urged the Court to dismiss the petition on that very ground.

However, Single Judge Bench of Justice RK Gauba allowed the Petitioner-in-person, Deepak Anand to put forth his legal submissions before getting into the issue of his locus.

Nonetheless, after hearing the Petitioner-in-person on the question of law raised by him in the petition,  Justice Gauba refused to further proceed in the matter.

Dismissed, dismissed, dismissed“, he said.

Drawing inferences from various judgments, Petitioner-in-person argued that anticipatory bail could only be filed during the investigation or prior to investigation, and not after the issuance of the summoning order.

The petition contended that the anticipatory bail was “passed dehors the provisions of Code of Criminal Procedure and in utter violation of the law laid down by the Hon’ble Supreme Court of India” as the Additional Sessions Judge failed to appreciate that Tharoor did not have any apprehension of arrest in terms of Section 438 CrPC.

After the Delhi Police filed its charge sheet against Tharoor in May 2018, the Chief Metropolitan Magistrate, in June 2018, issued summons for Tharoor’s appearance on July 7, 2018.

However, anticipatory bail was granted to Tharoor on July 5, 2018, by the Court of Additional Sessions Judge.

Soon after,  Special CBI Court presided by Additional Chief Metropolitan Magistrate Samar Vishal, who is presently seized of the matter, granted regular bail to Tharoor on the day of his appearance.

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