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Swarajya Staff
Oct 10, 2018, 01:24 PM | Updated 01:24 PM IST
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A plea filed by lawyer Deepak Anand seeking cancellation of the anticipatory bail to Congress leader Shashi Tharoor in the Sunanda Pushkar case was dismissed by the Delhi High Court today (10 October) as reported by Bar and Bench.
Attended by Vikas Pahwa, the Counsel for Tharoor, the plea sought to set aside the 5 July order of Additional Session Judge Arvind Kumar which granted anticipatory bail to Tharoor.
Deepak Anand, the Petitioner-in-person, was allowed by Single Judge Bench of Justice RK Gauba to put forth his legal submissions before getting into the issue of his locus.
Surmising points from various judgements, Deepak argued that anticipatory bail could only be filed during the investigation or prior to the investigation, and not after the issuance of the summoning order.
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.
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, claimed the report.