Bombay HC grants bail to ex-Delhi cop as NIA says he is not charge-sheeted under anti-terror law – Times of India

MUMBAI: The Bombay high court on Wednesday granted bail to Sunderlal Parashar, 62, a former member of the Delhi Police force accused in a 2019 FIR for allegedly supplying arms in a conspiracy to commit terrorist acts, allegedly for a ‘separate khalistan state’.
His counsel Mubin Solkar said a special NIA court had, in July 2019, wrongly invoked the stringent bar on bail under Unlawful Activities (prevention) Act (UAPA) in denying him liberty, as he argued that Parashar was not even charged for offences under the anti-terror law. He said that with the investigation completed, further pre-trial custody is unwarranted. He is lodged at Arthur Road jail in Mumbai.
Sandesh Patil, special counsel for NIA, the HC noted, “fairly submitted” that Parashar “has, in fact, not been charged for offences under UAPA.”
The first information report (FIR) was registered by the Anti Terror Squad (ATS) with Kala Chowkie police station in Mumbai in January 2019 under UAPA. The FIR is against four persons, including one wanted accused. The allegation was that on December 2, 2018, a co-accused was found with a country-made pistol. Parashar was alleged to have “arranged illegal weapons and ammunition” for the conspiracy allegedly hatched by the co-accused.
Later, the National Investigation Agency (NIA) took over the probe and filed a charge sheet. Parashar was charge-sheeted only for criminal conspiracy and under the Arms Act.
Solkar argued that Parashar was a retired decorated Delhi police officer and had been in contact with a co-accused to elicit information relating to terror outfits such as Lashkar-e-Taiba, Islamic State of Iraq and Syria (ISIS), etc and had not supplied any country made firearm, as alleged.
The HC bench of S S Shinde and N J Jamadar directed Parashar’s release on bail on a bond and surety of Rs 50,000 holding that Solkar’s arguments of the special trial judge could not have invoked UAPA provisions to deny him bail, “appeared well merited”.
The HC also found merit in Solkar’s submission against inapplicability of a grave offence under the Arms Act offences, as it said a “country made pistol hardly satisfies the description of prohibited arms.”
The HC said at best an offence under the Arms Act that may be attracted is one where punishment is maximum three years’ imprisonment and Parashar has been in custody since April 24, 2019 — more than 2 years and five months, and hence, further incarceration as an undertrial appears “wholly unjustifiable”.
Setting aside the NIA court order, the HC gave him bail on conditions including his appearance before the NIA on the first Tuesday of every month for six months for two hours and court attendance on each day of proceedings, apart from surrendering his passport. The HC clarified that its observations are limited for the grant of bail and the trial court would proceed on merits, uninfluenced by its observations.