A special NIA court on Wednesday granted default bail to one of the accused in murder of two BJP leaders in Bharuch as the central investigative agency failed to file a chargesheet against him within stipulated time. Special judge P B Desai granted the application moved by accused Abdul Samad alias Malbari who sought relief on the ground that the NIA failed to file a chargesheet against him in 180 days since his arrest. Under Section 167 of Code of Criminal Procedure, an accused can get default bail if chargesheet is not filed against him within 180 days in case he has been arrested under the Unlawful Activities (Prevention) Act.
Samad, who is alleged to have supplied the weapons to the shooters, is one of the 12 accused arrested for murdering two BJP leaders — Shirish Bangali and Pragnesh Mistry — on November 2, 2015. On May 7, the NIA filed its first chargesheet in the case against 10 accused, while it didn’t include Samad and co-accused Nasir Khan Pathan.
The NIA has said that the murder of two leaders was a conspiracy by an international terror module involving members of fugitive underworld don Dawood Ibrahim “to kill people from Hindu organisations and foment communal passions”.