The Delhi High Court today dismissed separate pleas for statutory bail of three alleged Indian Mujahideen (IM) operatives, including the sole arrested accused in September 2011 Delhi High Court blast case.
A bench of justices Pradeep Nandrajog and Mukta Gupta also rejected their appeal against a special National Investigation Agency (NIA) court's decision to extend the period of investigation from 90 to 180 days.
The three -- Wasim Akram Malik, the sole arrested accused in the September 2011 Delhi High Court blast and Syed Maqbool and Imran Khan, alleged IM operatives who are facing trial in another terror case -- had sought statutory bail on the ground that the probe was not completed within stipulated period of 180 days as prosecution sought time to carry out further investigation.
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The court rejected the contention saying, seeking time for further probe does not mean that initial charge sheet is incomplete as the probe agency is permitted to file supplementary charge sheets.
"Thus, it cannot be said that if the prosecution prays to the court that it be permitted to further investigate an offence, the challan (charge sheet) filed has to be treated as incomplete. A further investigation is not antithetical (contrary) to an investigation being completed," it said.
The accused had also contended that extension of time for probe was granted by the court without there being any legal valid ground.
The bench rejected the contention, saying, "In the instant case an application for extension of time with the report of the Public Prosecutor was filed. Notice was served upon the appellants and after arguments were heard, the learned designated court extended the time. There is thus no merit in the criminal appeals.
