The court also granted the police plea to conduct a Test Identification Parade (TIP) of the three as a part of the investigation into the mishap.
City Metropolitan Magistrate (CMM) Madhumita Basu rejected the bail pleas of accused Sambia Sohrab, younger son of former RJD MLA Mohammed Sohrab, Sonu alias Shanawaz Khan and Johnny and sent them to 14-day judicial custody.
In their submission, the counsel of the accused trio stressed that police have failed to make any progress in their probe into the case and bail should be granted to them.
The public prosecutor, however, said that the investigations were at a very very early stage and the police should be given some more time to reach to a decision.
He also claimed that though the interrogations were over, some other vital parts of the probe were still pending.
The trio have been booked under IPC sections 120(B) (criminal conspiracy), 302 (murder), 201 (causing disappearance of evidence), 212 (harbouring offender) and 427 (mischief causing damage).
Sonu, alias Shanawaz Khan, was arrested by Kolkata Police with support from Delhi Police from his maternal uncle's house in Delhi's Ajmeri Gate area where he was in hiding. He was brought to the city on transit remand.
The Chief Prosecuting Officer had pleaded before the court
that an FIR has already been registered in connection with the occurence and investigation has been handed over to the SP, North City, Sajad Khaliq.
"The facts of FIR number 89/2016 are different and thus the present FIR will not be FIR for the occurrence.
"The police have claimed that it was deceased and other accused persons in the present FIR who have committed offences under RPC sections 147 (rioting), 148 (rioting, armed with deadly weapon), 152 (assaulting or obstructing public servant when suppressing riot), 307 (attempt to murder), 336 (endangering life or personal safety of others) and 436 (mischief by fire or explosive substance with intent to destroy house)," the court had said.
The applicant has claimed that it was police officer who has committed occurrence like murder, the court had said.
In his application, Abdul Rehman Mir, father of the deceased, had alleged that DySP Qadri and other police personnel entered his house at Tengpora, Batamaloo at 18:45 hours.
"I, along with the family members, was watching TV and the police party headed by Qadri forcibly entered my house and started smashing windows and doors.
"My son, Shabir Ahmad Mir, who was present on the spot, could not bear the beating of his parents and tried to rescue his mother from the clutches of the police officer and other police personnel.
"Following this, the police officer went into rage and started beating my son. Thereafter, he fired two shots at my son from his pistol from point-blank range. He died on the spot," the application said.
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