Court dismisses bail plea of Bhatkal, aide

Bhatkal and Akhtar did not appear before court today as they are under the custody of Maharashtra ATS

Indian Mujahideen (IM) co-founder Yasin Bhatkal and his aide Asadullah Akhtar were today refused bail in connection with a September 2008 Delhi serial blasts case by a court here which allowed the plea of police seeking 15 days time to complete its probe against them.

Additional Sessions Judge Daya Prakash dismissed the bail plea of Bhatkal and Akhtar which was filed on the ground that special cell of Delhi Police has not filed any supplementary charge sheet against them in the stipulated 90 days period since their arrest in the case on December 10 last year.

"I have seen the file and find no ground to grant statutory bail to both the accused persons as under section 167(2) CrPC, the period of 90 days has been extended to 180 days and the statutory bail lies only on 180 days or after.

"Therefore, the benefit under section 167(2) CrPC is not available to the present accused/applicant. The present bail application is accordingly dismissed," the judge said.

In their bail plea filed through advocate M S Khan, both the accused had said "the state (police) is intending to seek further extention of period of investigation from 90 days under section 43-D of Unlawful Activities (Prevention) Act and applicants are seeking statutory bail as indefeasible right in their favour."

During the hearing, advocate Khan opposed the plea of police seeking extension of time to conclude the probe saying it cannot be extended without the physical appearance of the accused before the court.

Bhatkal and Akhtar did not appear before the court today as they are under the custody of Maharashtra ATS in connection with the cases lodged against them there.

The police, while seeking extension of time, said Akhtar has given out vital information about Ariz Khan, one of the accused in the case, and "operation to trace/apprehend him is underway."

13 suspected members of IM are facing trial in the case of September 2008 Delhi serial blasts that had claimed 26 lives and left 135 people injured.