Last week Justice Suresh Kumar Kait provided the bail to Raj Kumar alias Lovepreet, who was arrested in 2020 for having links with Khalistani extremist organizations. 

Delhi Police failed to file Chargesheet within extended period of investigation: Petitioner's Counsel

Counsel representing Lovepreet submitted before the court that he was not given that basic right to apply for bail and that there had been an unnecessary delay on the part of the Delhi Police in filing the charge sheet. Also, the 90-day custody period and subsequent extension of investigation period had expired on November 11, 2020. However, till that date, charge-sheet was not filed.

Extension of investigation period was not granted on valid grounds claims petitioner

Lovepreet approached High Court for default bail under Section 167(2) of the CrPC, which was dismissed by the Special Judge on 17th of November 17, 2020.

It was also argued that the extension of the investigation period was not granted on valid grounds. The order was passed as there was active concealment of facts before the trial court and hence, it was non-est in the eyes of law.

The Court, after analysing the arguments, noted that chargesheet had not been filed within the extended period of investigation, despite the fact that sanction was received by the Commissioner of Police on November 5.

Relying upon the Supreme Court’s observations in Hitendra Vishnu Thakur and Ors. v. State of Maharashtra case, the Court observed that Lovepreet was entitled to default bail even on November 11 of last year.

On 16th of June 2020, the FIR was registered against Lovepreet leading to his arrest till 18th June. He was jailed in the Mandoli Jail at New Delhi before he approached the High Court with an application for bail. The court granted bail to Rajkumar on a personal bond of Rs 25,000 and two sureties of like amount.