Justice R.K. Gauba's direction came on advocate Deepak Anand's plea for cancellation of the anticipatory bail granted by a sessions court on July 5 to Tharoor, who is accused of abetment to suicide.
The petitioner pleaded that the anticipatory bail application of the Congress leader was premature and not maintainable since it was not in accordance with the provisions of the Code of Criminal Procedure (CrPC) and also in violation of the law laid down by the Supreme Court.
He said that Tharoor's anticipatory bail application was filed to bypass the procedure laid down in the CrPC.
Citing a top court judgment, Anand said that anticipatory bail plea can only be filed during investigation or prior to investigation but not after the issuance of summons.
On June 5, the trial court had taken cognisance of the police charge sheet and issued summons to Tharoor.
On May 14, police charge-sheeted Tharoor under Sections 306 and 498A of the Indian Penal Code, pertaining to abetment to suicide and cruelty to wife, which entails a jail term of up to 10 years.
Pushkar, 51, was found dead under mysterious circumstances in a hotel room in south Delhi on January 17, 2014, days after she alleged that Tharoor was having an affair with a Pakistani journalist.
(This story has not been edited by Social News XYZ staff and is auto-generated from a syndicated feed.)
