Justice P S Teji also asked the police to file their status report on Namdhari's plea which said he was "no more required by investigating agency and no purpose would be served while keeping him in jail with hardened criminals".
The trial court in July last year had framed charges under section 302 (murder) read with section 149 (offence committed by member of unlawful assembly) of the IPC against all the 21 accused including Namdhari and his Personal Security Officer (PSO) Sachin Tyagi.
He said the FIR did not contain his name and neither did the complainant mention his role in the incident.
The application also said he had never misused any of the condition imposed on him during an interim bail granted on earlier occasions. Currently, he is on interim bail which is to end on March 18.
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"The rule is to allow bail rather to refuse the same. The bail ought not to be held as punishment, since the law presumes an accused to be innocent till the guilt is proved," Namdhari said in his plea filed through advocate R S Malik.
was no "premeditation" for shooting at Hardeep.
"The provocation came from the side of Hardeep, as he started firing indiscriminately at Ponty and his PSO fired the alleged shot in self defence...
"There was no reason or occasion for him to be part of the conspiracy, as he and his PSO had no interest in the properties of the deceased brother. They were not to be benefited in any manner and had thus no reason to be part of such conspiracy," the accused's counsel contended.
On January 28, 2014, the trial court had dropped murder charges against all the accused and added the charge of culpable homicide not amounting murder under section 304 of IPC against the alleged main conspirator Namdhari and his Personal Security Officer Sachin Tyagi.
Ponty and Hardeep were also charge sheeted in the case. However, the trial against them had abated as they were killed in the shootout.
The court had ordered framing of criminal conspiracy, common intention and those under the Arms Act against all the 21 accused for trying to take over the disputed farmhouse from the possession of Hardeep.
Delhi Police had filed two charge sheets in the case and levelled murder charges against all the accused. The first charge sheet had named Ponty as an accused as he had reached the place of the incident with Namdhari and others as part of his "well-hatched conspiracy" to take possession of the south Delhi farm house.