Aggarwal had sought bail on the grounds that he was not even 'remotely connected' with the alleged fake encounter of the alleged Lashkar-e-Toiba operative Sohrabuddin Sheikh. Aggarwal, arrested in connection with Tulsiram Parajapati's case, claimed he was abroad for two months on a United Nations training mission and had resumed work less than a week before the alleged encounter.
The Central Bureau of Investigation (CBI) in its chargesheet on September 4, 2012 had said Aggarwal's role was that he tried to shield the actual perpetrators of the crime, of which several area already out on bail he said.
He was arrested by the Gujarat CID in 2010, and has already spent over three years in judicial custody after the matter was transferred to the CBI in 2011. His bail plea said it not even alleged that he was at the scene of the alleged crime. He said his pre-trial incarceration cannot become punitive, especially since the trial is not expected to be complete anytime soon.
In September the HC while granting another suspended police officer D G Vanzara bail in the Sohrabuddin case, seven years after being in custody it had said, it is evident that the killing of Sohrabuddin was pre-planned, and it was also pre-planned to show that it was an encounter.
Advocate H S Venegaonkar counsel for CBI had opposed the bail plea.
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