"Tarun Barot and Bharat Patel have applied for default bail as CBI failed to file the chargesheet," defence lawyer advocate Sanjay Thakkar said.
Barot was Deputy Superintendent of Police while Patel was an inspector with Gandhinagar Special Operation Group at the time of their arrest on February 23. In 2004, when the encounter took place, both were with Ahmedabad crime branch.
Earlier, suspended IPS officer Girish Singhal and retired DSP J G Parmar had applied for 'default' bail on the same ground. While court yesterday reserved its order on Singhal's plea for Monday, hearing on Parmar's bail application was adjourned.
The Gujarat police had then claimed that they were part of a "conspiracy" to assassinate Gujarat Chief Minister Narendra Modi.