The Supreme Court Friday refused to interfere with the Bombay high court decision not to grant anticipatory bail to suspended Mumbai police officer Daya Nayak.
A Division Bench of Justice Arijit Pasayat and Justice S H Kapadia directed that if Nayak surrenders before the concerned trial court, his bail application shall be disposed of on the same day.
The Bench clarified that its "non-interference" with the high court order should not be construed as a comment on the merits of the bail application, if any, to be filed by him.
Nayak had on February 13 moved the apex court against the Bombay high court order declining him bail.
On February 8, the high court had rejected the anticipatory bail pleas of Nayak and his alleged associate Rajendra Padate in a disproportionate assets case.
The court had granted them a week's time to surrender.
However, the court had granted anticipatory bail to Nayak's wife Komal.
Nayak, who has killed 83 gangsters in encounters during his decade-long career, has been accused of possessing assets disproportionate to his sources of income and booked under Prevention of Corruption Act.
According to the first information report registered on January 20 by the Anti Corruption Bureau of the Mumbai Police, Nayak has assets worth over 40 lakh, in excess of his legitimate income by over 200 per cent.
Co-accused Komal and Padate face allegations of helping Nayak launder his ill-gotten wealth.
The Bombay court had rejected Nayak's plea in view of prosecution's claim that some huge transactions attributed to Komal must be probed for which his custodial interrogation was necessary.


