+in+the+case+of+Ishrat+Jahan-+CBI+court+rejects-chitriyala.jpg)
Additional chief judicial magistrate S H Khutwad of the special CBI court rejected the application, saying that the applicant had filed default bail plea withing 90 days whereas, according to section 167 (2) of CrPC, the default bail plea has to be filed after 90 days and that too, in case the chargesheet is not filed.
But, in this case, the chargesheet has been filed within 90 days. So the argument that the filed chargesheet was incomplete does not survive, the court observed.
Amin, who was arrested in the 2004 fake encounter case of Ishrat and three others on April 4, had filed a bail application on July 4, saying that as CBI filed an incomplete chargesheet, he should be given bail.
CBI filed the chargesheet against seven police officers, including Amin, accusing them of murder and criminal conspiracy in the encounter killing of 19-year-old college girl Ishrat Jahan, Javed Sheikh alias Pranesh Pillai, Zeeshan Johar and Amjad Ali Rana.
CBI, in its chargesheet, had said that the encounter was fake and carried out jointly by the Gujarat police and IB.
As per the CBI chargesheet, Amin, alongwith Tarun Barot, had abducted Ishrat and Javed Shaik from Vasad toll booth in Anand district two days prior to their killings.
He is also accused of firing shots on Ishrat, Javed and two alleged Pakistani nationals Johar and Rana on the outskirts of Ahmedabad where they were killed in an alleged staged encounter.
Amin is also an accused in the Sohrabuddin Shaikh encounter case.
Earlier, five accused in Ishrat case, including suspended police officers G L Singhal, Tarun Barot, J G Parmar, Bharat Patel and Anaju Chaudhary, were granted default bail as CBI failed to file chargesheet within 90 days of their respective arrest.
0 comments