Prakash Chander Pandey will be produced in court later in the day, CBI sources said.
The prisons department had on Thursday issued an order for the premature release of Amarmani Tripathi, citing the state's 2018 policy on remission, since they have completed 16 years of imprisonment.
The Uttarakhand high court on Monday upheld the life imprisonment of former Uttar Pradesh Member of Legislative Assembly Amarmani Tripathi, his wife and two others while sentencing another accused, earlier let off by the lower court, in the poetess Madhumita Shukla murder case.
The Uttarakhand high court on Monday upheld the life imprisonment awarded to former Samajwadi Party Member of Legislative Assembly Amarmani Tripathi, his wife and two others in the murder of poetess Madhumita Shukla.
A bench of Justices Ashok Bhan and Dalveer Bhandari also ordered that the trial would be held on a day-to-day basis and completed within six months.
Jailed former Uttar Pradesh minister Amarmani Tripathi, who had managed to sneak out of prison under the pretest of 'illness', was on Monday sent back to jail, police said.
The court had earlier reserved the judgment after hearing a detailed argument on a bail application moved by Tripathi.
Madhumita's younger sister Nidhi Shukla, accompanied by her mother and brother, has been campaigning here against the former minister.
The case involves controversial former Uttar Pradesh minister Amarmani Tripathy.
"We will appeal in the high court against the decision," Vijay Vikram, lawyer of Amarmani, said.
Former Uttar Prasdesh minister Amarmani Tripathi, his wife Madhumani and two others were convicted in the poetess Madhumita Shukla murder case on Wednesday.
Inspector Yagya Narain Dikshit was questioned soon after his return from a trip to a neighbouring town early on Saturday morning, CBI sources said.
This followed a petition filed by the CBI seeking quashing of the bail granted to him in the case.
The couple could not surrender on Wednesday due to a lawyer's strike.
The wife of former UP minister Amarmani Tripathi was absconding for four months.
The trial of the case was earlier shifted from Uttar Pradesh to Dehradun on the direction of the apex court.
The charge sheet names six people, including former Uttar Pradesh minister Amarmani Tripathi, his wife Madhumani Tripathi and nephew Rohit Chaturvedi.
CBI has alleged that Tripathi and his wife Madhumani allegedly conspired to eliminate her as she was carrying Amarmani's child with whom she had developed an intimate relationship.
The Uttar Pradesh chief minister also suspended the director general of Crime Branch-Criminal Investigation Department, which has been investigating the case.
Tripathy's lawyer Rakesh Thapliyal said the court allowed the accused, who is lodged in a jail in Dehra Dun, to leave for Lucknow in the custody of a CBI officer and complete oath taking formalities by June 16 and return the next day.
The SC was hearing a petition filed by the Central Bureau of Investigation seeking the cancellation of the bail granted to her by the Allahabad high court.
It was recovered from Gorakhpur in eastern Uttar Pradesh at the instance of Prakash Chander Pandey, who allegedly killed the poetess.
The application was filed in the court of Special Judicial Magistrate (CBI) R M Yadav, Tripathi's lawyer Vijay Vikram said.
The former UP minister is an accused in the murder of poetess Madhumita Shukla.
The DNA of former Uttar Pradesh minister Amarmani Tripathi has matched the dead foetus of slain poetess Madhumita Shukla.
The court said in case of any delay, the state will have to take steps to take Amarmani and his wife Madhumani in custody.
Desraj, the servant, said Prakash Chander Pandey had come to her residence along with Santosh Kumar Rai.
His bail application will be heard on October 6.
The test is being conducted at the Centre for Forensic and Scientific Laboratory located within the headquarters of the CBI.
The former Uttar Pradesh minister is likely to undergo a lie detector test, Central Bureau of Investigation sources said.
The victim's sister has alleged that Madhumita was involved in a relationship with Minister of State for Stamps Amarmani Tripathi.
The defence plea that the accused could be given bail owing to his illness was not tenable, the court said.
"Tripathi has saved Uttar Pradesh. He has helped in saving the country," Mulayam Singh Yadav said of the accused in the Madhumita Shukla murder case.
Recent media reports have alleged that the DNA of the six-month-old foetus of the slain poetess had matched with that of the former minister's.
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