Ahmedabad: One more Gujarat cop, who was arrested in the 2004 fake encounter case of Ishrat Jahan and three others, filed a bail application before the special CBI court here on Tuesday.
Anaju Chaudhary, an SRP commando, who was arrested on February 27, has sought bail on the ground that CBI failed to file charge sheet against him within 90 days of his arrest.
"As per the provisions of section 167(2) of the CrPC, if the prosecution fails to file charge sheet against any accused within 90 days of his arrest, that gives him right to be released on bail," Chaudhary`s advocate Priyesh Limbachiya said.
Four of the accused cops, including suspended IPS officer G L Singhal, were granted bail by the CBI court on the same ground yesterday.
Hearing on Chaudhary`s bail application will be held tomorrow by Additional Chief Judicial Magistrate of the special CBI court S H Khutwad.
Isharat Jahan along with Javed Shaikh alias Pranesh Pillai, Amjadali Akbarali Rana and Zeeshan Johar, were killed in an alleged fake encounter on June 15, 2004 on the outskirts of the city.
At the time of encounter, Chaudhary was an SRP commando working under Tarun Barot, who was also arrested in the case and granted bail yesterday.
Along with Barot, the court also granted bail to the suspended IPS officer GL Singhal, Bharat Patel and JG Parmar as CBI failed to file charge sheet against them within 90 days of their arrest.