The application was moved before Chief Metropolitan Magistrate Vinod Yadav, whose June 2 order extending the period of investigation from 90 to 180 days was set aside by sessions court saying it was passed in a "reticent and clandestine manner."
The plea was moved by Additional Public Prosecutor Rajiv Mohan in terms of liberty given to the state by Additional Sessions Judge Surinder S Rathi yesterday to move a fresh application for extension of probe period within a week and also give a notice of the same to the accused, with an opportunity of being heard.
After being supplied with the copy of the fresh application, Kazmi's counsel sought time to argue on it. He also demanded that Kazmi's bail plea be heard first, but CMM Yadav rejected the contention. The CMM said he will decide the bail application and the plea for extension of probe period together.
The CMM renotified the matter for July 20 and ordered the probe period would be deemed to have been extended till the hearing of the application.
"Till then (till July 20) the investigation time shall be deemed to be extended as the order of the ASJ is not clear as to whether investigation time as allowed by this court vide order dated June 2 would enure for a period of one week granted to the state for making fresh application for seeking extension of investigation period," the CMM said.
Earlier, during the brief arguments, Kazmi's counsel Mehmood Pracha and Gajinder Kumar contended that once a superior court (sessions court) has already held that the extension of period of investigation by his order dated June 2 is not sustainable on the facts, a valuable right accrues to Kazmi and that his bail application should be decided first. MORE
