New Delhi: Syed Mohammad Kazmi, arrested for his alleged role in a terror attack on an Israeli diplomat here, on Friday moved a court here seeking bail on the ground that Delhi Police have got the probe period extended in a "malafide and calculated move".
In his application before Chief Metropolitan Magistrate Vinod Yadav, Kazmi said "the investigating agency has failed to file the chargesheet as mandated by section 167 (2) CrPC (according to which on expiry of period of 90 days, the accused shall be released on bail).
The court has directed the Investigation Officer to report on July 17.
Kazmi said "the investigating agency with malafide and calculated move to overreach the ambit and protection given under section 167 CrPC to the accused to get the bail after furnishing bail bonds has filed an application seeking extension of period of investigation for a further period of 90 days."
"Surprisingly, neither the notice of the said application
(of Delhi Police for extension of probe period) nor the report as mentioned in the order, filed by the public prosecutor in terms of section 43D of Unlawful Activities Prevention Act was served upon the counsel of the accused in person.
"The order dated June 2 as passed on the said application for extension of period of time for investigation is unsustainable being contrary to the settled law, without jurisdiction and does not per se extend the time for filing the chargesheet and the chargesheet admittedly has not been filed as yet and the time of 90 days as contemplated for filing chargesheet stands expired," he said in the application filed through his counsel.
Kazmi was arrested by Special Cell of Delhi Police on March 6. He completed 90 days in custody on June 5. The police, however, did not file the chargesheet saying it is still investigating the matter.
It then sought extension of probe period by 90 days, which was allowed by the CMM on June 2.
Earlier, on April 3, the CMM had refused him bail saying there was prima-facie evidence of his involvement in the terror strike on the Israeli diplomat.