Ahmedabad: Gujarat High Court on Monday issued a notice to the CBI on the bail application of suspended IPS officer NK Amin, arrested in Ishrat Jahan fake encounter case.
Justice NV Anjaria today issued notice to the central agency after suspended DySP Amin, whose default bail plea was rejected by a special CBI court earlier, applied for bail plea in the High Court last Wednesday.
The court scheduled the matter for further hearing on August 6.
Amin had moved the High Court against the special CBI court`s order refusing bail to him. He has sought bail saying that since the charge sheet filed by the CBI was incomplete, he should be granted bail by default.
CBI court had stated in its order that the default bail plea has to be filed after 90 days of arrest, in case the charge sheet is not filed, which was not the case here. The argument that the filed charge sheet was incomplete does not survive, the court had said.
Bail is granted by default if the charge sheet is not filed within the stipulated period of 90 days after the arrest.
Amin, who is also an accused in the Sohrabuddin Shaikh fake encounter case, was arrested on April 4.
On July 3, CBI filed the charge sheet against seven police officers including Amin, accusing them of murder and criminal conspiracy regarding the encounter killing of 19-year-old Ishrat, Javed Sheikh alias Pranesh Pillai, Zeeshan Johar and Amjad Ali Rana on the outskirts of Ahmedabad in 2004.
CBI in its charge sheet said the encounter was fake and had been carried out jointly by Gujarat police and IB. Suspended IPS officer GL Singhal, retired DSP JG Parmar, Mehsana DySP Tarun Barot and commando Anaju Chaudhary were granted default bail by the Special CBI court here after the probe agency failed to file the charge sheet in the case within the stipulated 90 days of their arrest.
Last Thursday, High Court judge Justice AJ Desai had recused himself from hearing the bail application.
Amin is accused of abducting Ishrat and Sheikh from Vasad two days prior to the killing and firing the shots during the "so-called encounter".