Chandigarh, August 26
The Punjab and Haryana High Court today summoned the lower court record while taking up Kalyani Singh’s regular bail plea in the Sippy Sidhu murder case. The CBI was also directed to ensure the presence of the investigating officer in the court along with “relevant records” on the next date of hearing.
“The records of the committal magistrate concerned be ensured to be produced before this court on the next date of hearing,” Justice Sureshwar Thakur asserted while fixing the case for further proceedings on September 2.
Among other things, Kalyani had contended the CBI special judge, who rejected her bail plea, failed to appreciate that the investigating agency had not been able to bring up, or point out at, any new evidence that would indict the petitioner “beyond whatever evidence that was available with them at the time of filing report under Section 173 CrPC on December 7, 2020”. This was evident from the remand application, and also the reply to the bail application, filed by the CBI before the special judge.
In her petition filed through counsel Sartej Singh Narula and Arshdeep Singh Cheema, Kalyani added the court had ignored the fact the petitioner had all these years never tried to influence the witnesses or tamper with the evidence. It was evident from the fact that “there has never been any complaint from any quarter, even from the family of the deceased”.
It was added the CBI had admitted on December 7, 2020, the “investigation conducted to date revealed no direct evidence against Kalyani”. It was also added the prosecution was required to establish its case beyond the shadow of doubt in a criminal matter. “Sufficient evidence has not come on record yet for launching prosecution against Kalyani,” it was further added.
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