The father of deceased Sagar Dhankhar on Tuesday withdrew the petition seeking cancellation of interim bail granted to Olympic wrestler Sushil Kumar from the Delhi High Court.
Sushil Kumar was two weeks granted interim bail on humanitarian grounds for the treatment of his wife. He had surrendered on November 13.
The two-time Olympic wrestler is one of the 18 accused in the Sagar Dhankar Murder case.
Justice Amit Sharma allowed the two petitions to be withdrawn as the matter has become infructuous.
The counsels for petitioners on instruction submitted that he want to withdraw the petition.
Advocate Sameer Kumar, the counsel for the petitioner had submitted that they are not on the point whether the accused has surrendered and the plea has become infructuous. We are on that the bail should have been granted on merit.
It was also submitted that there was a threat perception witnesses and three eyewitnesses are yet to be examined.
The order of trial court would be used as precedent by other accused, the petitioner's counsel submitted.
The bench said that the order granting interim bail cannot be used as precedent.
The Delhi High court on November 11 issued notice on two pleas seeking cancellation of interim bail.
The pleas moved by Ashok Dhankhar, the father of Sagar, through advocate Sameer Kumar submitted that the trial court, while granting interim bail to Sushil Kumar, failed to appreciate the threat aspect to the victims and witnesses.
The trial court also failed to appreciate the fact that Savi, the wife of Sushil Kumar, is the daughter of wrestler Mahabali Satpal, the petitioners had submitted.
A Delhi Court on November 4 granted interim bail to wrestler Sushil Kumar for the surgery of his wife who is suffering from lower back pain. Surgery was scheduled on November 7.
The court had directed to deploy two security personnel for surveillance and his security also.
Additional Sessions Judge Shivaji Anand had granted interim bail to Sushil Kumar till November 12 on furnishing personal bond of Rs. One lakh and two sureties in the like amount. The court had imposed many strict conditions while granting bail.
The court said, "Keeping in view the medical condition of the wife of the accused and also considering the fact that there are two minor children, this Court is of the view that presence of the applicant/accused will be required, he is ordered to be released on interim bail till November 12 on his furnishing personal bond in the sum of Rs 1 Lakh with two sureties in the like amount."
( With inputs from ANI )
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