The Bombay high court today granted bail to suspended Gujarat ACP Narendra Amin, an accused in the 2005 alleged fake encounter of Sohrabuddin Sheikh and subsequent murder of Kausar Bi, on medical grounds.
The high court also accepted Amin's argument that he has already spent six years behind the bars in the alleged fake encounter case.
Justice Abhay Thipsay, however, stayed the operation of the order for two weeks after CBI counsel Hiten Venegaokar sought time to move the Supreme Court to challenge the bail.
Amin was granted bail on a bond of Rs 30,000 after his counsel argued that he was undergoing treatment at the Ahmedabad civil hospital for various health ailments.
Amin and Gujarat DSP ML Parmar, also an accused in the alleged fake encounter case of Sohrabuddin Sheikh and his wife Kausar Bi, along with inspector Balkrishna Rajendra Prasad, had moved the court last year seeking bail.
The high court had in February rejected Parmar's bail application and called for Amin's current medical report. It also said that the trial should be completed within a year.
Senior counsel Mahesh Jethmalani, who initially represented Amin, had argued that apart from other contentions concerning the merits of the case, the high court should also take into account the health condition of the accused who is admitted to the civil hospital in Ahmedabad.
Jethmalani had contended that the only role attributed to Amin was that he was present at the cremation of Kausar Bi along with other accused police officials.
Venegaokar said not only was Amin present during the cremation of Kausar Bi but had also joined another police sub-inspector to the spot of her cremation.
Advocate Amit Nair, appearing for Parmar, had argued that his client had been in jail for more than five years. Nair submitted that Parmar was not even part of the encounter team or present during the cremation.