01 May,2012 04:29 PM IST | | Agencies
Slain teenager Aarushi's dentist mother Nupur Talwar was yesterday sent to jail by a special CBI court that will resume hearing her bail plea today. She was lodged at the Dasna Jail, where she will spend the night along with 69 other women prisoners in barrack no 13.
After hearing her interim bail plea for 20 minutes, special CBI judge S Lal sentenced her to a day's judicial custody.
Nupur is co-accused along with her husband Rajesh Talwar in the 2008 murder of her daughter Aarushi and the family's domestic help Hemraj.
In the dock: Clad in a salwar kurta, a grim-looking Nupur Talwar reached the court around 11.30 am. After she was denied bail, she was taken to Dasna jail. File pics
Court hopping
Lal's was the third court she appeared in yesterday. She first surrendered before special CBI magistrate Preeti Singh, who rejected her bail plea. The case was then transferred to a sessions court and then to Lal.
Clad in a green and white salwar kurta, a grim-looking Nupur, accompanied by her husband, was taken into Preeti Singh's court around 11.30 am through a back door to avoid the milling crowd of reporters and TV crews.
The hearing lasted only 15 minutes but Preeti Singh ruled Nupur would stay in her court till sessions judge Bharat Bhushan took up the hearing. This happened at 2 pm and within two minutes the judge ruled that Lal would hear the matter.
It was only when Lal took up the matter at 3 pm that reporters were permitted in. Nupur broke down in a court where a judge said he would decide on her bail tomorrow, making it necessary for her to be imprisoned till then at the Dasna Jail. She was taken to the jail in a dark blue Tata Sumo.
On arrival at the jail at 5.30 pm, Nupur was immediately taken for a medical checkup and was then given four sheets and four blankets. "Nupur Talwar had demanded some books, which would be given to her," said Jail Superintendent Viresh Raj Sharma, adding, "However, she would not be given any special treatment."
Arguing in Lal's court, Nupur's counsel GP Thareja cited two instances under which the bail could be granted. The first was a 2007 judgement of the Allahabad High Court saying that when it was a question of personal liberty involved, regular bail or interim bail should be granted.
The second was the closure report in the Aarushi case filed by the Central Bureau of Investigation (CBI) before Preeti Singh. This report said that various forensic tests conducted on Nupur Talwar and her dentist husband Rajesh Talwar, who is on bail, had concluded they were not culprits in the case.
âNo evidence'
"The CBI could not submit a single clue against Nupur or Rajesh Talwar. When the CBI submitted its closure report it sought the release of Rajesh Talwar on regular bail. On the directions of the Supreme Court, Preeti Singh granted him bail," Thareja contended. Preeti Singh had, however, refused to accept the closure report and said the case would continue.
On Friday, the Supreme Court had directed Nupur Talwar to surrender before the magistrate's court. An apex court bench, headed by Justice AK Patnaik, had said she could apply for bail after surrendering and the court would decide on the issue expeditiously and on merit.
The apex court had passed the order while adjourning till Friday the hearing of her Nupur Talwar review petition of its order directing her to face trial in the double murder case.
Double murder
The dentist couple's 14-year-old daughter Aarushi was found dead inside their Noida residence in May 2008 with her throat slit.
The body of the Talwars' domestic servant Hemraj, initially a suspect in the case, was recovered from the terrace a day later.
The Argument
Noting that Nupur had two houses in Noida and Delhi, as also two clinics, and was complying with the conditions imposed on Rajesh Talwar while granting him bail, the counsel said there was no apprehension of her fleeing and Nupur should thus be granted bail. He also said that she had submitted her passport to the court.
Opposing Nupur's plea, CBI counsel RK Saini submitted there was no provision for granting her interim bail.
After hearing both sides, Lal said, "Interim bail plea rejected. Schedule for tomorrow (Tuesday) for regular bail."
Nupur was taken into custody Monday morning, shortly after surrendering before the CBI special magistrate. She immediately applied for bail but the CBI opposed the plea.
Nupur surrendered after Preeti Singh issued a non-bailable warrant. This was after she failed to appear in court as directed.
The CBI argued before Preeti Singh that being a woman was not a ground for bail. CBI lawyer Saini also said that Nupur had been avoiding orders to appear in court and that it was a heinous case of double murder that she was involved in. u00a0
