Senior Advocate Mukul Rohatgi appearing for Bains, said the case of rape against his client, a two-time MLA, was a bogus one and the petition to quash it was pending before the High Court.
Advocate Jaspreet Gogia appearing for the State, said the warrants issued were bailable.
To this, the CJI said:
“He is a contesting candidate. Let him contest and then arrest him … It is unfortunate that High Court has not passed an order in this case.“
Advocate Gagan Gupta, appearing for the lady complainant, informed the Bench that they have filed a writ petition and asked that it be heard tomorrow. The Court to this, said:
“We are only saying protection till Feb 23 and then let him surrender and apply for regular bail,” the Court responded.
“After (I filed) the rape FIR, cases have been filed against me in two places on some finances. Now this plea has been based as if this is happening in the brink of elections. There are 20 cases pending against him. He is a threat to the society,” Gupta said.
She expressed apprehension that the complainant would be implicated in more false cases if Bains is released and pointed out that she has also filed a petition on the issue.
The Court then agreed to list both the petitions for hearing day after tomorrow while asking State not to arrest the Bains in the meanwhile.
Source: Barandbench
