The court granted bail to Singh and co accused Irfan Shafi Mir after it noted that the chargesheet has not been filed and mandatory statutory period of 90 days has already elapsed.
A Delhi court on Friday granted bail to suspended Deputy Superintendent of Jammu and Kashmir Police, Davinder Singh, who was arrested for allegedly ferrying two Hizbul Mujahideen terrorists on the Srinagar-Jammu highway in January this year.
The court also granted bail to co-accused, Irfan Shafi Mir, a lawyer, who was arrested along with Singh, Hizbul Mujahideen commander Syed Naveed Mushtaq and his associate Rafi Ahmad on January 11 by a team of J&K Police. The court had granted relief to the two accused in a case filed by Delhi Police Special Cell.
Additional Sessions Judge Dharmender Rana granted bail to Singh and Mir after he noted that the chargesheet has not been filed and mandatory statutory period of 90 days has already elapsed. The court granted bail to the two accused on furnishing personal bond/surety bond in the sum of Rs 1 lakh each with two sureties each in the like amount.
“In the view of the above, considering the fact that despite the lapse of statutory time limit to complete investigation, chargesheet in the instant matter has not been filed till date, both the accused persons Davinder Singh and Irfan Shafi Mir are entitled to be released on bail…,” the order read.
Singh and Mir were represented by their counsel, MS Khan who argued before the court that both the accused were falsely implicated in the case. He argued that the chargesheet was not filed in this case nor the period of investigation extended as per the provisions of Section 43 (D) of UAPA.
The IO in the case filed a status report before the court and submitted that “investigation in the instant case has not been concluded yet, hence chargesheet has not been filed.”
Source: The Indian Express