NARENDRA KUMAR AMIN Vs. CBI & ORS.

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 94 OF 2015

(ARISING OUT OF SLP (CRL) NO. 9599 OF 2013)

NARENDRA KUMAR AMIN ……APPELLANT

Vs.

CBI & ORS. ……RESPONDENTS

 

The appellant/accused was arrested on 4.4.2013 for an offence which had taken place on 15.6.2004,which is popularly known as the fake encounter death of Ishrat Jahan. The offence alleged against the appellant was punishable with life imprisonment or death and what is popularly called Default Bail becomes the indefeasible right on the expiry of 90 days in the event of non filing of police report by then. On 3.7.2013 the first respondent viz. CBI filed what they called the charge sheet which is alleged by the appellant as a misnomer because it does not comply with the statutory requirement of police report under Sections 173 (2) and 173(5) of Cr.P.C. The appellant by a written application dated 4.7.2013 claimed his right to be released on bail. According to the appellant, the last extension of detention in custody was made on 21.6.2013 and the period of remand was extended up to 5.7.2013. There was no existing order of remand to custody between 5.7.2013 and 8.7.2013. Therefore, his custody duringthat period is illegal. It is further stated by Mr.Ram Jethmalani, the learned senior counsel for the appellant that there was no judicial order of remand made on 3.7.2013 and the custody was illegal for all the days between 3.7.2013 and 8.7.2013….read more