Loopholes in the CBI chargesheet against DG Vanzara had gone in his favour, a special court said while granting bail to Gujarat's most controversial police officer.
Mr Vanzara - accused in two encounter killing cases - got bail from a CBI court on Thursday, but he is yet to be released from prison due to pending procedural formalities. Mr Vanzara had earlier obtained a bail in the Sohrabuddin Sheikh case from a Mumbai court nearly after eight years.
The detailed order of the court, made available now, has highlighted several inconsistencies in the investigations of the agency, which was in charge of the case.
To begin with, the court said the chargesheet failed to establish a motive against Mr Vanzara, and the other top cop, PP Pandey, who got bail along with him.
The court also observed that the CBI had failed to file charge-sheet against senior police officers present at the site within the mandatory 90 days - which enabled them to get bail by default.
The court also said the agency had not obtained sanction to prosecute officials of the Intelligence Bureau, which had resulted in a year's delay in the court taking cognisance of the supplementary chargesheet.
"The CBI has filed the chargesheet after investigation and at this juncture it cannot be said that there is no prima facie case against the accused," the court said.
"The punishment for the offences alleged is also very serious. However, on perusal of the charge-sheet and all statements brought on record, it appears that no overt act has been attributed to the present applicant right from the beginning till end," the order said.
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