Suspected Indian Mujahideen terrorist Fasih Mohammed, who was deported from Saudi Arabia last year and is accused in terror strikes in India, Tuesday sought bail from a Delhi court.
Fasih, who is accused of involvement in 2010 blast in Bangalore's Chinaswamy stadium and Jama Masjid shootout case, moved bail application before the court of Chief Metropolitan Magistrate Vidya Parkash.
The application says that since the special cell of Delhi Police has failed to file chargesheet within 90 days of his arrest on October 22, 2012, he is "entitled to be released on statutory bail."
"As per section 167 CrPC, chargesheet was to be filed within 90 days which stand expired on January 19. The investigating agency failed to file the chargesheet," the application said.
Fasih's counsel also said in the application that "the January 19 order of a sessions court extending the period of probe in the case beyond 90 days is unsustainable being contrary to the settled law."
The CMM, however, has sent the application to the district and sessions judge to decide whether he has the power to entertain the same in light of questions raised in the Israel diplomat attack case involving journalist Syed Ahmed Kazmi on legality of a magisterial court to hear cases under Unlawful Activities Prevention Act.
Fasih was deported from Saudi Arabia on October 22, 2012, and was arrested by the special cell at the Indira Gandhi International airport in New Delhi. He was detained in Saudi Arabaia in May this year.
