An apex Court bench comprising of Justice V. Gopala Gowda and Justice C. Nagappan yesterday dismissed the bail plea of N.K. Amin in Ishrat Jahan fake encounter case.
The Appeal was filed by N.K. Amin against the judgment of the Gujarat High Court in 2013, rejecting the appellant’s bail application.
Amin was arrested in April, 2013 in the Ishrat Jahan fake encounter case. The offence, for which he was arrested, was punishable with life imprisonment or death. Hence, Default Bail becomes an indefeasible right under such circumstances on the expiry of 90 days in the event of non filing of police report within that time limit.
It was contended by Mr. Ram Jethmalani, representing the accused, that there was no existing order of remand to custody between 5.7.2013 and 8.7.2013. Hence, custody during that period was illegal. Further, the documents required to be filed along with the police report were admittedly filed by CBI in some installments and completed only on 8.7.2013.
The respondent on the other hand, submitted that the police report was submitted within the 90 days period.
Rejecting the appellant’s contentions, the Bench observed, “With reference to the aforesaid rival legal contentions we have examined the impugned order to find out the correctness of the findings and reasons recorded keeping in view the statutory provisions under Section 173 (2) and (5) read with Section 2 (r) of Cr.P.C. and with reference to the judgments on which both the learned senior counsel placed reliance upon.”
Read the judgment here.