Error in bail order halts Nithari convict Pandher's release

Nithari killings co-convict Moninder Singh Pandher's release on bail has been denied after the CBI court here refused to entertain an error in the bail order, his lawyer said Wednesday.

Pandher's advocate Devraj Singh said the court rejected Pandher's bail plea in the murder case of Pinki Sarkar that was filed under sections 302 and 34 of the Indian Penal Code (IPC) that deal with murder and acts committed by several people with common intention.

Pandher filed an application at the Allahabad High Court which granted him bail in the same sections.

However, when the release order reached the Dasna jail in Ghaziabad, the jail authorities there noticed a discrepancy.

It said the case was tried under sections 302 and 120 (b) that speaks of a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment.

The bail was, however, granted for sections 302 and 34, and was hence returned to the court with a note of reason why bail was not allowed.

"After the jail authorities refusal, we applied for fresh bail under section 120 (b). The CBI court of Special Judge A.K. Gupta refused to entertain the application, saying that since the bail was granted by the Allahabad High Court, it has no jurisdiction to intervene in the higher court's order," said Pandher's lawyer.