Legal Blog: Rajesh Talwar 'misled' the Judiciary, CBI tells Apex Court

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Saturday, April 23, 2011

Rajesh Talwar 'misled' the Judiciary, CBI tells Apex Court

In another twist to the Aarushi -Hemraj double murder case, the CBI has accused dentist Rajesh Talwar of forging documents, concealing facts and misleading the Supreme Court to get relief from prosecution in the trial court. 

In an affidavit filed before the apex court, CBI's superintendent Neelabh Kishore alleged that Rajesh, in his appeal against the trial court, had deliberately taken a false plea that he was released on bail in July 2008 which was totally contrary to facts. 

A bench of justices B Sudershan Reddy and S S Nijjar which took on record the affidavit after it was mentioned by the CBI counsel said it would take up the issue on Monday when the matter would come up for hearing. 

The CBI clarified that Rajesh was released after the agency did not seek extension of his judicial custody as at that time the investigators did not find sufficient material against him. 

Seeking dismissal of the plea by Rajesh and his dentist wife Nupur challenging the criminal proceedings initiated against them for the murders, the CBI alleged the bail application annexed along with the appeal was forged as no such document existed. 

Contrary to the dentist's claim that he had moved a bail application under Section 437 of the Criminal Procedure Code, the CBI said that the trial court had ordered Rajesh's release after the agency filed an application under Section 169 of CrPc. 

The agency had then told the special court that it did not have sufficient evidence against him at that stage. 

The CBI further pointed out that Rajesh's bail claim was not mentioned in Nupur's separate appeal, challenging the same criminal proceedings against the Talwars. 

The CBI while referring to the "discrepancy" said Nupur had stated clearly that her husband was set free after CBI did not seek his further remand. 

According to the agency the trial court on March 3 issued bailable warrants that were executed against the couple on March 10, but the Talwars did not disclose this fact before the SC.

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