Two Deputy Superintendents of Police - Narendra Amin and M L Parmar - and Inspector Balkrishna Rajendra Prasad had moved the Bombay High Court, seeking bail in the 2005 case.
Appearing for Amin, senior counsel Ram Jethmalani yesterday had argued that the only role attributed to his client was that he was present at the cremation of Kausarbi along with other policemen-accused in the encounter case.
The CBI counsel today said it was under the supervision of Amin, a qualified medical doctor, that her body was cremated. The court, however, pointed out that a doctor is not required for burning of a body.
Advocate Amit Nair, appearing for Parmar, said his client has been in jail for more than five years.
Nair argued that Parmar was neither part of the police team which carried out the encounter nor present at the cremation site.
The court sought to know whether Amin had played any role other than being present at the time of cremation and his involvement in certain mobile conversations with the other accused persons.
The court noted the petitioners have been in judicial custody for more than five years and the final chargesheet is yet to be filed. The hearing will continue tomorrow.
On September 27, the Supreme Court had ordered the transfer of the case to Maharashtra after CBI submitted that witnesses were being intimidated and a free and fair trial was not possible in Gujarat.
Sohrabuddin, an alleged gangster, was killed by Gujarat Police in a staged shootout near Ahmedabad. Over a dozen Gujarat policemen, some from IPS, have been named as accused in the case and charged with murder and criminal conspiracy, among other offences.