Three Gujarat police officers, held for their complicity in the 2005 Sohrabuddin Sheikh fake encounter case and subsequent killing of his wife Kausarbi, on Monday appealed to the Bombay High Court for bail.
Two Deputy Superintendents of Police, Narendra Amin and M L Parmar, along with police inspector Balkrishna Rajendra Prasad moved the court seeking bail.
Appearing for Narendra Amin, senior counsel Ram Jethmalani argued that the only role attributed to Amin was that he was present at the cremation of Kausarbi along with other accused police officials.
Jethmalani argued that Amin was not part of the ATS team and there is no evidence with the prosecution to falsify his contentions.
Jethmalani contended that CBI was trying to implicate his client with former Gujarat minister Amit Shah who was granted bail by the High Court and later upheld by the Supreme Court when it shifted the case to Mumbai.
"Don't get the impression that they (CBI) are some kind of angels," Jethmalani contended before the court to which the court retorted that it did not consider so.
"They are just like any other investigating agency," Justice A M Thipsay remarked.
Jethmalani urged that interim bail should be granted taking into consideration Amin's health as he was suffering from hypertension and diabetes. The various ailments would make it impossible for Amin to tamper with the evidence or abscond, Jethmalani submitted.
Besides, Amin has been in custody for four years and 11 months, the court was told.
Advocate Amit Nair, appearing for Parmar, said that his client has been in jail for more than five years.
CBI's Counsel informed that the charge sheet is yet to be filed. The court, however, pointed out that the Supreme Court deadline for filing it is over.
The hearing will continue on Tuesday.
On September 27, the Supreme Court had ordered the transfer of the case to Maharashtra after CBI submitted that witnesses were being intimidated and a free and fair trial was not possible in Gujarat.