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Refusing to stay the non-bailable warrant issued against her by the Special CBI Court, a bench of justices A K Patnaik and J S Khehar asked her to approach the trial judge for bail after surrendering which shall expeditiously consider her plea.
The court also turned down her plea for granting protection against any arrest on her surrender. "We should not anticipate about what the trial court is going to do. You appear before it and the court shall consider your bail. If you do not get bail then there are higher courts," the bench said.
The bench pointed out that her husband also got bail in the twin murder case. "We are not inclined to stay the operation of the order of NBW issued by the Special Judge, Ghaziabad. But we direct that petitioner (Nupur Talwar) will appear on Monday and move her bail. In case application for bail is moved, the same shall be considered expeditiously," the bench said.
School-going Aarushi was murdered on the intervening night of May 16-17, 2008 at her Noida residence and the body of domestic help, Hemraj, was found on their terrace the next day.
Nupur faced arrest after Ghaziabad special court issued non-bailable warrant against her on April 11 following which the CBI had carried out searches at her Delhi home. The investigating agency, however, later on assured the bench that it would not arrest her till the hearing of her plea in the apex court.
"It (hearing of Nupur`s case) would take time so you must surrender. You appear before the trial court and file for bail," the bench said at the end of the hearing.
Senior Advocate Mukul Rohatgi, appearing for Nupur, submitted that "its written on the wall (that she will be arrested) so lordships should consider about bail." But the bench refused to grant any relief to Nupur saying that "only trial court would consider the bail plea".
The special CBI court had issued the warrant against Nupur for failing to appear before the court in Ghaziabad and directed that she be produced before it. The order was given on the plea by the CBI seeking issuance of warrant against Nupur, who was not appearing before the court despite directions.
Nupur`s husband Rajesh Talwar, who appeared before the court, had requested it to grant time to her, but the CBI opposed it and sought issuance of NBW against her. Nupur had earlier moved both the Allahabad High Court and the Supreme Court but had failed to get any relief. The high court had also denied her relief from arrest.
