The AAP on Thursday said the party would challenge the Delhi court order which remanded its leader Arvind Kejriwal in judicial custody for two days for refusing to furnish a bail bond of Rs 10,000.
Kejriwal was sent to Tihar Jail until May 23 on Wednesday after he refused to furnish a bail bond in a criminal defamation complaint filed by BJP leader Nitin Gadkari.
Speaking to reporters outside Kejriwal’s residence, AAP leader Prashant Bhushan said, “We told the court that it was not necessary to have a bail bond for those who were ready to give an undertaking that they will remain present at all case hearings. There is no necessity under law to furnish a bail bond, especially when there is no danger of the accused absconding. In four such cases, other Delhi courts have let Arvind off after he signed an undertaking.”
Senior advocate and AAP founder-member Shanti Bhushan said according to Section 88 of the CrPC, “when any person for whose appearance or arrest the officer presiding in any court is empowered to issue a summons or warrant, is present in such court, such officer may require such person to execute a bond… for his appearance in such court… The important word here is “may”. It does not say that the court ‘shall ask’ for a bond.”
AAP leader Gopal Rai said the party has suspended all agitations until the court session on Friday. Over 59 AAP members, who protested outside Tihar jail on Wednesday night, had been detained.
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AAP leader Yogendra Yadav, who was among the 59 detained, was granted bail by a Delhi court on Thursday.
The court refused to go into the legality of his arrest on the grounds that the probe was at an initial stage.
Metropolitan Magistrate Ekta Gauba released Yadav on bail after he furnished a personal bond of Rs 5,000.