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Chargesheet not Presented within 90 Days, Amritsar Court Still Denies Bail to Gurdev Singh Thailand

May 31, 2018 | By

Amritsar: A local court here today denied bail to one Gurdev Singh who was arrested in February by Punjab police after he was deported from Thailand.

As police had failed to present chargesheet against Gurdev Singh within specified statutory period of 90 days as a result the bail was being considered evident in this case. But surprisingly the court did not allow the bail application.

Gurdev Singh Tanda [File Photo]

Disappointed and shocked over the court decision, defence counsel Advocate Jaspal Singh Manjhpur maintained that the judge failed to follow the statutory provisions in this case. “The law is very clear that the prosecution need to chargesheet a person with in 90 days and if it fails to do so the arrested person has the right to be released on bail”, Advocate Jaspal Singh Manjhpur said.

“Gurdev Singh was presented in Amritsar court by the police on February 28 and as per law the prosecution was required to file chargesheet against him by May 29. After the prosecution failed to file the chargesheet, on May 30 we moved an application seeking bail in the court of Satish Kumar, Judicial Magistrate First Class (JMIC) Amritsar” said Advo. Manjhpur while adding that instead of deciding the application on same day the judge reserved the decision for May 31.

Advocate Jaspal Singh Manjhpur addressing media persons  [File PHOTO] | Image used for representational purpose only

Advo. Jaspal Singh said that instead of deciding the matter himself the judge firstly sent the matter to the sessions court but when the sessions court sent back the matter to the JMIC court, the judge dismissed the bail application saying that the prosecution has now applied to seek 90 days extension.

“The Unlawful Activities (Prevention) Act (UAPA) allows the prosecution to seek extension upto 90 days in addition to statutory period of 90 days but the extension has to applied before the expiry of 90 days period”, he added.

“The judge has attempted to give retrospective effect to application moved by the prosecution. The right to bail was incurred on expiry of 90 days and any application seeking extension beyond 90 days period, filed afterwards can not deprive the arrested person from his right to get bail” said Advocate Jaspal Singh Manjhpur, adding further that he will seek revision of the decision before the sessions court.

Advo. Jaspal Singh Manjhpur alleged that the judge had turned blind eye towards the clear cut provisions of law in order to toe the line of State Special Operations Cell.

Notably, Gurdev Singh of Tanda is arrested by the Amritsar police in case FIR no. 21/2010 (State Special Operations Cell, Amritsar), registered under section 121, 121A, 120B IPC, section 25 of Arms Act, sections 4 and 5 of Explosives Act and sections 10, 11, 13, 17 ,18 and 20 of Unlawful Activities Prevention Act.

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