New Delhi: The Supreme Court on Monday ruled that Aarushi Talwar's father Rajesh Talwar will remain on bail till February 4 and face trial in the Aarushi-Hemraj double murder case.
The court said that further proceedings against Rajesh Talwar will be decided by the Ghaziabad court where the Aarushi-Hemraj double murder case trial will take place.
Rajesh Talwar, who was out on bail, had sought clarity from the Supreme Court on whether he will be arrested once the trial begins. Rajesh Talwar's compounder Krishna's lawyer FC Sharma said that Rajesh Talwar will now appear in the trial court on Februray 4 and the trial court will then decide whether he should stay on bail or be arrested.
Rajesh Talwar is facing trial along with his wife Nupur Talwar for allegedly killing his teenaged daughter Aarushi and domestic help Hemraj in 2008.
The couple's trial starts on February 6. They will have to appear for proceedings in the case then.
The trial court has issued summons to Rajesh Talwar after converting the CBI's closure report into a chargesheet. The Talwars can still be arrested next month if the trial court converts the summons into a warrant and cancel their bail. Alternatively, the trial court can extend the bail of Rajesh Talwar on February 4.
Last week, the Supreme Court rejected their appeal to quash criminal proceedings against them.
The bench had said there was nothing wrong in the Ghaziabad magistrate's order taking cognisance against them and putting them on trial as the trial judge passed the order after applying his mind.
"We feel constrained to observe that the court should exercise utmost restraint before interfering in the magistrate's order," the bench had said adding, "The magistrate has applied his mind to come to the conclusion of taking cognisance in the case".
The investigation in the case was initially carried out by the Uttar Pradesh Police which had arrested Aarushi's father on May 23, 2008.
Rajesh Talwar was granted bail in 2008 after the CBI had filed a closure report on the twin murder case citing insufficient evidence. The court, however, rejected the closure report and asked them to face trial in the case.
Aarushi was found dead with her throat slit at the family's Noida residence on the intervening night of May 15 and 16, 2008 and the body of domestic help Hemraj was found dead on the terrace the following day.