Nithari killings co-convict Moninder Singh Pandher was released from Dasna Jail on Saturday. Earlier his release had been denied after the local CBI court refused to entertain an error in the bail order.
“The Nithari co-accused has been in judicial custody for about eight years. He was arrested in December 2006. As of this month, he has completed 94 months in judicial custody,” said Pandher’s advocate Devraj Singh.
Singh said the court rejected Pandher’s bail plea in the murder case of Pinki Sarkar that was filed under sections 302 and 34 of Indian Penal Code (IPC) that deal with murder and acts committed by several people with common intention. Pandher filed an application at the Allahabad High Court, which granted him bail in the same sections.
However, when the release order reached Dasna Jail in Ghaziabad, the jail authorities there noticed a discrepancy. It said the case was tried under sections 302 and 120 (b) that speaks of a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment.
The bail was, however, granted for sections 302 and 34, and was hence, returned to the court with a note of reason why bail was not allowed.
“After the jail authorities’ refusal, we applied for fresh bail under section 120 (b). The CBI court of Special Judge AK Gupta refused to entertain the application, saying that since the bail was granted by the Allahabad High Court, it has no jurisdiction to intervene in the higher court’s order,” said Pandher’s lawyer.
But now the release was honoured by jail authorities after Allahabad High Court cleared the confusion. “Release him immediately,” ordered the Allahabad High Court in its order dated September 24.