The special court of the Central Bureau of Investigation (CBI) on Friday dismissed the bail application of suspended inspector general of police (IGP) Zahur Haider Zaidi, an accused in the Kotkhai custodial death case.
The case was heard via video conferencing where Zaidi appeared from inside Burial Jail.
He had sought interim bail for 60 days citing medical reasons. He had also he might be at the risk of getting the infection inside the overcrowded jail where he has been lodged and stated that as per the Supreme Court orders to decongest jails in the wake of Covid-19, he should be granted interim bail.
In April, Zaidi had pleaded he was suffering from hypertension and not keeping well otherwise, too. In view of the Covid-19, he had pleaded for bail saying he was susceptible to the infection.
The Burail Jail superintendent filed the application via email to the district and sessions judge Paramjeet Singh. After a few days, Zaidi also filed the application in the Punjab and Haryana high court mentioning that he had filed an application in district court.
Following this, the sessions judge marked the mail (application) to the CBI judge on April 28, and a notice was issued on the same day.
{{/usCountry}}Following this, the sessions judge marked the mail (application) to the CBI judge on April 28, and a notice was issued on the same day.
{{/usCountry}}On Friday, the HC adjourned the case till May 4, “allowing the district court to take the decision.” The arguments took place in the district court wherein public prosecutor KP Singh opposed the bail application.
KP Singh argued: “The accused (Zaidi) has given different grounds of bail in the two applications. In the HC, he has given medical ground and in the CBI court, he has given an account of government’s order regarding de-congestion of jail in the wake of corona pandemic.”
Opposing the application on the de-congestion of jail, Singh said that “the government’s order does not imply in cases involving charges under Section 302.” Opposing the medical ground, Singh argued “he has attached a medical certificate of 2017. There is no recent certificate, which shows any medical urgency.”
After hearing the arguments, special CBI judge Sushil Kumar Garg dismissed the bail application moved by Zaidi.
The custodial killing case is an offshoot of the rape and murder case of a 16-year-old school-girl in Kotkhai area of Shimla district. Six men were initially arrested by Himachal police in the case, and one of them was later found dead at the Kotkhai police station.
5 accused move interim bail applications
Citing Covid-19 pandemic, five accused in Kotkhai custodial death case, who are lodged in Model Jail, Chandigarh have moved bail applications in the district court. The applications dated March 30 were submitted to the deputy superintendent, Model Jail, Chandigarh, who forwarded them to the district and sessions judge, and further to the additional district and sessions judge, CBI Chandigarh for taking necessary action.
The case is now listed on May 4.
The five undertrial prisoners who filed applications are former Kotkhai station house officer (SHO) Rajinder Singh, the investigating officer in the rape and murder case, head constables Surat Singh, Mohan Lal and Rafiq Ali and constable Ranjit Streta.
Ranjeet said that his elderly parents are alone at home during difficult times like this.
While Mohan Lal said that his wife is suffering from fibrosis and there is no one to look after her, so, he should be granted bail. Similar pleas were filed by others.