A special CBI court on Tuesday rejected the bail plea of suspended Deputy Superintendent of Police N.K. Amin in which he had contented that the charge sheet filed by CBI in the Ishrat Jahan encounter case was incomplete.
Additional chief judicial magistrate S H Khutwad of the special CBI court rejected the application, saying that the applicant had filed default bail plea within 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 charge sheet is not filed.
But, in this case, the charge sheet has been filed within 90 days. So the argument that the filed charge sheet 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 charge sheet, he should be given bail.
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