The high court division bench which differed on granting bail to Ashok Todi in the Rizwanur Rahman case failed to agree on another accused as well.

Following Monday’s fractured verdict of the bench of Justice Amit Talukdar and Justice P.S. Banerjee, the bail plea of Syed Moinuddin, alias Pappu, will have to be sent to a third judge.

The CBI has charged Pappu with taking Rs 11 lakh from Todi to break daughter Priyanka’s marriage with Rizwanur, whose body was found beside the railway tracks in Patipukur on September 21 last year.

Last Monday, the same bench had given contrary opinions while disposing of the bail petition of Todi, prompting Chief Justice S.S. Nijjar to assign the case to Justice D.P. Sengupta. The third judge’s order will be final and the accused will have to move the Supreme Court if he wants to challenge it.

While dealing with Pappu’s plea, Justice Amit Talukdar, the senior judge of the bench, held the accused need not be kept behind bars anymore as the CBI probe into the case was over.

But Justice Banerjee observed that Pappu could not be granted bail given the nature of charges against him.

In Todi’s case, too, Justice Talukdar was in favour of granting bail and Justice Banerjee against.

High court sources said the chief justice would send Pappu’s petition to a third judge by Tuesday.

The appeals moved by Todi and his relative, Anil Saraogi, against an order of a single-judge bench allowing the CBI to file chargesheets against them will come up for hearing before a division bench this week.

On October 13, the Supreme Court had passed an order saying the trial in the Rizwanur case could not be started before the appeals were disposed of. The apex court directed the division bench to dispose of the appeals within six months.