Fasih seeks bail as charges not framed

NEW DELHI: Suspected Indian Mujahideen terrorist Fasih Mohammed, who was deported from Saudi Arabia last year and is accused in terror strikes in India, on Monday sought bail from a trial court.

Fasih, who is accused of involvement in 2010 blast in Bangalore's Chinnaswamy Stadium and Jama Masjid shootout here, moved bail application before the court of chief metropolitan magistrate (CMM) Vidya Parkash.

The application says that since the special cell of Delhi Police has failed to file a chargesheet within 90 days of his arrest on October 22, 2012, he is "entitled to be released on statutory bail".

According to Section 167 of CrPC, the chargesheet was to be filed within 90 days, which expired on January 19, the application said.

Fasih's counsel also said "the January 19 order of a sessions court extending the probe period in the case beyond 90 days is unsustainable being contrary to the settled law".

The CMM has sent the application to the district and sessions judge to decide whether he has the power to entertain it in light of the questions raised in the Israel diplomat attack case involving journalist Syed Ahmed Kazmi, on the legality of a magisterial court to hear cases under Unlawful Activities Prevention Act (UAPA).

Fasih was deported from Saudi Arabia on October 22, 2012, and was arrested by the Special Cell at the IGI airport. He was detained in Saudi Arabaia in May this year.

Hailing from Bihar and a mechanical engineer by profession, Fasih is said to be the "key facilitator" for 15 suspected Indian Mujahideen terrorists who were arrested from Bihar, Uttar Pradesh and a few other places in 2011. He is accused of being involved in the 2010 blast in Bangalore's Chinnaswamy Stadium and Jama Masjid shootout, along with six other IM men — Mohammed Qateel Siddiqui, Aftab Alam, Mohammed Tariq, Anjum Hassan, Gayur Ahmad Jamali, Gauhar Aziz Khomaini — all arrested by the special cell.

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