A bench of Justices P Sathasivam and B S Chauhan, however, clarified that it was not rejecting the bail application but was only deferring it and sought Central Bureau of Investigation's (CBI) response on the plea.
Rathore's counsel U U Lalit had pleaded to the court to release 68-year-old Rathore on interim bail so that he can celebrate Diwali with his family. The Punjab and Haryana High Court had on September 1 dismissed Rathore's appeal challenging his conviction and the sentence for molesting 14-year-old Ruchika two decades ago, saying his conduct as a top official was "shameful".
Justice Jatinder Chauhan had also dismissed a petition by Rathore, who is undergoing the sentence in high-security Burail Jail in Chandigarh since May 25, seeking release on probation.
The sessions court had earlier enhanced his six-month imprisonment awarded by a trial court in December last year to 18 months in jail on an appeal by CBI and Ruchika's family. Ruchika, a budding tennis player, committed suicide three years after being molested by Rathore on August 12, 1990.