Singhvi: I can't get copy of chargesheet till trial court takes cognizance. I fear this is not the law of the land. That he can't seek bail. This is new law being argued. I can understand interested persons arguing this, but not CBI.
ASG: If he comes out, these witnesses will turn hostile.
Singhvi (rebuts): He says no bail can be granted, when chargesheet has been filed. If that is correct, prosecution will decide when to chargesheet, and delay cognizance indefinitely. the man cannot seek bail.
ASG: State govt there which is currently controlled by AAP is not granting permission to investigate that...there are several persons in Goa
J Bhuyan: Is he a witness in this case?
ASG: No. People in Goa did not come to give statement till he was arrested.
ASG: to pay bribe...there was arm-twisting...his distilleries were shut down. When he assailed, he was told problem lies in Delhi. Arm-twisting method was applied. The moment he surrendered license, permission was granted to distillery
ASG: Some chargesheets may have bearing on bail. Can't be on basis of half material. Influencing witnesses, etc. is in my counter. There is a Punjab angle to this liquor case...Mahadev liquors was having wholesale license. He was not willing to...
J Bhuyan: Don't say that! How can it be?
ASG: I must tell why I said that. If HC has not considered on merits...
ASG: I am told court has also taken cognizance of the chargesheet. So prima facie case is made out. HC not given opportunity to look into merits. If bail is granted, it would be demoralizing HC
J Bhuyan: Don't say that, how is that demoralizing?
ASG: On the ground he has not produced chargesheet papers, this application should go. without that material, can he say give me bail? He has not referred to one page. I am making a very serious point
ASG: Chargesheet was filed before he approached this court. By not annexing it, he has suppressed material. He does not want court to look at it. HOW CAN THIS BE DONE?
J Kant: How events took place, who case, money, Oberoi hotel...we have gone through
ASG: Another submission is this - without annexing/referring to chargesheet, can he file for bail?