September 8, 2018 | By Sikh Siyasat Bureau
Amritsar: Gurdev Singh, who was arrested from Indira Gandhi International Airport in Delhi after he was deported from Thailand, was allowed to avail default bail on Thursday (Sept. 6).
The court of Sarabjit Singh Dhaliwal, Additional Session Judge, allowed revision of and order passed by the court of Halqa Magistrate and observed that the magistrate had wrongfully denied default bail to Gurdev Singh Thailand.
Gurdev Singh was arrested on February 28, 2018 in case FIR No. 21 of 2010 registered at police station State Special Operations Cell (Amritsar) u/s 12A1, 122, 120B; Arms Act 25/54/59, Explosives Act 3, 4 and sections 17, 18, 19 and 20 of UAPA.
A bail application was moved before magistrate’s court u/s 167 (2) of Code of Criminal Procedure (Cr. P.C.) on 30/5/2018 for availing default bail after the police had failed to file the chargesheet with in 90 days of his arrest. The magistrate after seeking report from court staff, had adjourned the hearing for next day. On 31/5/2018 the prosecution filed an application seeking 90 days extension in statutory time to file the chargesheet. After allowing the prosecution application, the magistrate had refused to grant bail despite the fact that the bail application was moved after the expiry of 90 days period and at that time the prosecution had not applied for 90 days extensions.
Defense counsel Advocate Jaspal Singh Manjhpur and Advo. Navjit Singh Turna told Sikh Siyasat News (SSN) that they had challenged the magistrate’s order in sessions court.
“Allowing revision, Additional Sessions Judge agreed with the defense argument that the magistrate lacked jurisdiction in allowing prosecution application for extension of 90 days period as only special judge had the power to adjudicate that matter. The court also observed that Gurdev Singh had incurred the right to be released on default bail u/s 167 (2) Cr.P.C. after the expiry of 90 days period”, they added.
He said that Gurdev Singh will get released from jail in coming days as his bail bonds are yet to be furnished.
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