In a response filed before a bench of justices P K Bhasin and J R Midha, NIA said Akhtar is not entitled to statutory bail on the ground that the probe agency did not file the charge sheet within stipulated period of 90 days.
"The special NIA court vide a legal order enhanced the stipulated time priod for filing the charge sheet from 90 days to 180 days and so the plea of grant of statutory bail under section 167 (2) of the CrPC is not maintainable," it said.
Detailing the role of IM, the agency said the members of IM, a "proscribed terror organisation, in association with the other sleeper cells based in the country and others are conspiring to commit terrorist acts by making preparations for targeting various prominent places in India, especially in Delhi, by carrying out bomb blasts with the active aid and support from their Pakistan-based operators...".
Akhtar, who has been in judicial and NIA's custody after his arrest on Augist 28, 2013 from Raxaul in Bihar near Nepal border, has moved the high court through his lawyer Mehmood Pracha seeking setting aside of the lower court order to refuse him statutory bail.
NIA had on February 20 filed its second charge sheet against Yasin Bhatkal, Asadullah and two other suspected operatives of the banned group in connection with a case of alleged conspiracy to carry out terror acts in the country.
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