New Delhi: Former JNU student and UAPA accused Umar Khalid has now withdrawn his bail plea being heard before a Delhi court after the prosecution's objection to the application being filed under Section 439 of CrPC and has now moved a fresh bail plea under Section 437 CrPC before the court.
Senior Advocate Trideep Pais, on behalf of Umar, told the court of Additional Sessions Judge Amitabh Rawat that he has filed a substituted bail plea in place of the one moved earlier.
Following this, the court issued notice to the prosecution in the case and sought response on the application. The matter has now been posted to Wednesday, i.e., September 8.
The move came as Prosecution had opposed former Congress councillor and co-accused Ishrat Jahan's bail plea by questioning the maintainability of her plea filed under Section 439 CrPC instead of Section 437 CrPC. The prosecution stated this after reasoning that the court hearing the plea was a special court designated under the UAPA Act and hence holds all powers that are given to a Court of Magistrate within Section 437 of CrPC.
Significantly, another co-accused in the "larger conspiracy" case, Khalid Saifi, has also withdrawn his bail application and has accordingly moved another plea under Section 437 CrPC after the same objections raised by the prosecution.
During the course of proceedings on Monday, SPP Amit Prasad submitted that he intends to file a short response to the fresh bail plea which he said, stated that the objection by the prosecution was "a dilatory tactic". However, Advocate Pais submitted that the merits of the plea were the same and the court can proceed with the hearing while taking on record the prosecutor's objection to the bail plea.
"I object to what is written in the application. You've written that objection to maintainability is a dilatory tactic. I will have to file a short reply," SPP Prasad told the court. "First your interim application has to be decided. Then Section 439 has to go. Then Section 437 CrPC application can come in".
However, ASJ Rawat said since a fresh bail plea has been moved, the prosecution has to be notified for which a notice has to be issued and response has to be sought. Thereafter, the matter was adjourned.
On earlier occasions, Pais had punched holes in the chargesheet by claiming that it reads like a script of "Family Man" and only makes "rhetorical allegations" without any factual basis.