A Delhi Court will continue with the bail hearing of #UmarKhalid who has contended that statements against him were inconsistent and case's chargesheet resembled a television serial script. Khalid is accused in a #DelhiRiots UAPA case.
Senior Advocate Trideep Pais represents Khalid whereas Special Public Prosecutor Amit Prasad appears for the State. The proceedings are before Additional Sessions Judge Amitabh Rawat. #UmarKhalid #DelhiRiots
Hearing begins.
Court inquires if anyone's appearing for Umar Khalid. "How come nobody has come?" Says Court.
Court informed that a fresh application has been filed on Khalid's behalf.
Pais appears. "I have filed an application to substitute the bail application. I don't want it to come in the way. There is no impediment for Court to consider under the relevant provision."
Pais informs that he is withdrawing the previous bail application and substituting it with a new one.
Court: I will have to pass and order. I will have to issue notice on the new one.
Court fixes hearing at 11.30 am owing to the absence of SPP.
Court re-assembles.
Pais: I was submitting that I have moved the application for Section 437 CrPC.
SPP: I will have to file a small reply.
Pais: I have not changed anything.
SPP: To paint prosecution that it is a dilatory tactic, is something I will have to reply to.
Pais: The Court will take into submission that you are arguing that it is not a dilatory tactic.
SPP: First your interim application has to go out then the new one comes in.
Pais: The objection is definitely going to come. Let the arguments continue. It is not as if.. It can come in the order that he refutes all allegations.
Court: Which application is being argued?
Pais: I call it dilatory tactic is one sided can come.. Let me continue with the arguments. Let me continue so that the day is not wasted.
Court: If the previous application has to be withdrawn and a new one had to be argued then a reply has to come.
Pais now refers to the prosecution's case against Khalid.
Pais: Now the submission that it is a dilatory tactic can come in the order and the arguments can continue.
Court: There will be a technical issue.
Pais: The only change is 439 changed to 437. Second changed candidly I say that I am filing it under new provision.
Court: Let it come on record. Let it be in a day or two.
Let it come on record. I am not even sure about 439, 437 (CrPC)
Pais: I have a submission ready for that. I don't want another stage to be created.
Court issues notice. I don't want technical objections to come later on.
Court: Let it be tomorrow.
Pais: I'll be there tomorrow.
SPP: I have a difficulty for a physical day. We can have it day after as I am not keeping well.
Court fixes day after (Wednesday) for arguments, asks SPP to file a reply. Court inquires if Khalid would be produced physically. Pais says he will seek instructions and reply.
The issue of filing a bail application under the relevant provision of CrPC was raised by the prosecution during the bail hearing of #IshratJahan in the #DelhiRiots case.

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