Expressing shock and dismay over the granting of a transit anticipatory bail by the Madhya Pradesh High Court to a murder accused in Mumbai, the Supreme Court on Friday directed the accused to surrender forthwith.
A Bench comprising Justice Gyan Sudha Misra and Justice Madan B Lokur also directed the impleading of the MP High Court in the case. “I am shocked and amazed. How such transit anticipatory bail was granted without even a notice to the State of Maharashtra?” Justice Misra said.
Appearing for the petitioner, senior counsel K T S Tulsi told the Bench that Jawahar Chelaram Bijlani, respondent No 1 and one of the accused in the murder of Navi Mumbai-based builder Sunil Loharia, had not disclosed in his application before the MP High Court that the Bombay High Court and the Supreme Court had already dismissed his applications for anticipatory bail.
This is an abuse of the process of law and the MP High Court ought not have passed the impugned order, Tulsi contended. Sandeep Sunilkumar Loharia, the petitioner before the apex court, is the son of Sunil Loharia. Sunil was attacked by two persons and he died on the way to hospital on Feb 16.