Ishrat case: SC reserves order on bail plea of Amin
12 Nov 2014 6:55 AM IST
CBI on Tuesday did not press for cancellation of bail granted to suspended Gujarat police officer NK Amin in the Sohrabuddin Sheikh fake encounter case before the Supreme Court which reserved its order on his bail plea in the 2004 Ishrat Jahan shooting case.
The probe agency said that since all other accused in the Sohrabuddin case have been out on bail, it was not pressing its appeal against the Bombay High Court order granting relief to Amin.
While declaring CBI’s appeal as ‘dismissed as withdrawn’, a bench of justices V Gopala Gowda and C Nagappan concluded the hearing on Amin’s plea for bail in the Ishrat Jahan case with the senior suspended cop contending that he was entitled for the relief as CBI had failed to file the complete charge sheet within the statutory 90 days’ time period.
‘The order is reserved,’ the bench said after senior advocate Ram Jethmalani, appearing for the suspended deputy superintendent of police, concluded the arguments in the case.
‘The non-filing of documents with the charge sheet within 90 days is a relevant factor and causes grave legal prejudice to the accused who becomes entitled for the bail,’ Jethmalani, along with advocate Karan Kalia, submitted.
Senior advocate Huzefa Ahmadi, appearing for the victims, however, opposed the submission of Jethmalani saying that the charge sheet was filed within the statutory period of 90 days and non-filing of documents with the police report was not ‘fatal’.
During the hearing, the bench posed a query to the lawyers and wanted to know the consequence of non-filing of documents along with the charge sheet.
‘The accused is entitled to know the materials against him and if documents are not filed along with the charge sheet, then grave prejudice would be caused,’ Jethmalani said.
The probe agency said that since all other accused in the Sohrabuddin case have been out on bail, it was not pressing its appeal against the Bombay High Court order granting relief to Amin.
While declaring CBI’s appeal as ‘dismissed as withdrawn’, a bench of justices V Gopala Gowda and C Nagappan concluded the hearing on Amin’s plea for bail in the Ishrat Jahan case with the senior suspended cop contending that he was entitled for the relief as CBI had failed to file the complete charge sheet within the statutory 90 days’ time period.
‘The order is reserved,’ the bench said after senior advocate Ram Jethmalani, appearing for the suspended deputy superintendent of police, concluded the arguments in the case.
‘The non-filing of documents with the charge sheet within 90 days is a relevant factor and causes grave legal prejudice to the accused who becomes entitled for the bail,’ Jethmalani, along with advocate Karan Kalia, submitted.
Senior advocate Huzefa Ahmadi, appearing for the victims, however, opposed the submission of Jethmalani saying that the charge sheet was filed within the statutory period of 90 days and non-filing of documents with the police report was not ‘fatal’.
During the hearing, the bench posed a query to the lawyers and wanted to know the consequence of non-filing of documents along with the charge sheet.
‘The accused is entitled to know the materials against him and if documents are not filed along with the charge sheet, then grave prejudice would be caused,’ Jethmalani said.
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