Delhi court orders release of accused in alleged London pub rape case after HC grants him interim bail
New Delhi [India], July 19 (ANI): A Delhi court has ordered the release of a fugitive criminal (FC) accused in the alleged London Pub Rape case of 2017 after the Delhi High Court granted him interim bail for six months.
This accused was ordered to be extradited to UK but his extradition was stayed as there is another case pending against him.
Additional Chief Judicial Magistrate (ACJM) Abhishek Kumar of Patiala House Court on Thursday after accepting the bail bond, ordered the release of a fugitive criminal identified as Jose Inacio Cota.
Justice Dinesh Kumar Sharma granted on July 10 interim bail to Jose Inacio Cota for six months.
The High Court took into account the submissions of counsel for the respondent without going further into the merits of the case, as the extradition order has already been challenged by the petitioner in 2023.
FC had moved a petition through advocates Arpit Batra and Nihal P Kamat under Section 439 Cr.P.C., read with Section 25 of Extradition Act seeking regular bail in complain complaint case titled as Union of India vs. Jose Inacio Cota.
It was argued that FC can’t be extradited as a criminal case is pending him in Goa.The counsel for the Central Government submitted that in view of Section 31(d) of the Extradition Act, the extradition is not possible till the criminal case registered at PS Maina Curtorim, Goa in 2021 is not disposed of.
Central Government had also filed a response stating that the petitioner/FC may be released on bail, till he has been discharged, whether by acquittal or on expiration of his sentence, in pending criminal case arising out of FIR registered at Police Station Maina Curtorim pending trial in the Court of Civil Judge Junior Division and Judicial Magistrate First Class Margao, Goa, on very strict conditions.
The High Court had granted interim bail to Cota petitioner on furnishing a personal bond of Rs one lakh with a similar amount of surety.
The High Court had directed petitioner shall surrender his passport. He shall report to the local police station of Goa on every Friday at 05:00 PM.
It was also directed that he shall remain within the territory of Goa. He shall not leave the state of Goa without giving intimation to the concerned court at Goa. The petitioner shall not travel abroad without permission of the trial Courts at New Delhi.