A bench of Chief Justice P Sathasivam, justices Ranjan Gogoi and N V Ramana also granted the relief to B R Chaubey, who was working as sub Inspector of Police in Anti Terrorist Squad, Ahmedabad, at the time of the encounter.
"We are satisfied that both the appellants have made out a case for bail on executing a bond with two solvent sureties, each in a sum of Rs one lakh to the satisfaction of the Special CBI Judge," the bench said.
"In the light of the details, allegations in the charge sheet filed before the court, many of the co-accused were granted bail by the trial court/High court and this court and of the fact that both the appellants are in custody for nearly seven years pending trial and also in view of the fact that it would not be possible for the special court to conclude the trial over a reasonable period as claimed by the ASG, we are inclined to consider their claim for bail," the court held.
"On such release, both of them have to stay at Mumbai and report at 11 am on alternate working days before the Special Judge, CBI Mumbai," the bench said.