IMPORTANT POINTS
(1) Default bail – So long as application for grant of default bail is made on expiry of period of 90 days (which application need not even be in writing) before a charge-sheet is filed, right to default bail becomes complete. It is of no moment that Criminal Court in question either does not dispose of such application before charge-sheet is filed or disposes of such application wrongly before such charge-sheet is filed.
(2) Right to default bail are not mere statutory rights under first proviso to Section 167(2) of Cr.P.C., but is part of procedure established by law under Article 21 of Constitution of India which is a fundamental right granted to accused person to be released on bail once conditions of first proviso to Section 167(2) are fulfilled.

JUDGMENT :

R.F. Nariman, J.

Leave granted.

2. In an F.I.R dated 18.11.2018, involving Sections 302, 307, 452, 427, 341, 34 of the Indian Penal Code read with Section 25 of the Arms Act, 1959, Sections 3, 4, 5, 6 of the Explosive Substances Act, 1908 and Section 13 of the Unlawful Activities (Prevention) Act, 1967, it was stated as follows:

"I am a resident of above address and doing the business of furniture at Nehru Complex, Amritsar. I do my religious services in the Nirankari Bhawan at Rajasansi every Sunday. Today, i.e., on 18.11.2018, Satsang was going on at Satsang Bhawan, where about 200 Satsangis were present. At about 11.30 a.m., I along with my companion Gagandeep Singh son of Balwinder Singh, resident of Gumtala, was doing the duty of a Security Guard on the main gate, when two young boys came there on a Pulsar Motor Cycle without number of Black shade. Out of them, one had worn Jean and Jacket and was having turban on his head and he has muffled his face with a cloth of check. He went inside and the other young boy, who was wearing Kurta, Pyjama and Jacket and had muffled his face with a handkerchief, took out a Pistol from the fold of his Pyjama and made us to stand together near the Bathroom. The young boy who had gone inside the Satsang Hall threw a Hand Grenade on the stage with his right hand. An explosion took place and the above-said young boy took out a Pistol and ran towards the gate. Both the young men ran towards Village Adliwal on their Pulsar Motor Cycle. Due to Grenade explosion, about 22 persons from the Sangat sustained serious injuries. The other persons arranged conveyance and carried the injured to IVY Hospital, Amritsar and Guru Nanak Dev Hospital, Amritsar, where Sukhdev Kumar son of Kans Raj, resident of Kohali, now resident of Mirankot, aged about 45 years, Kuldeep Singh son of Joginder Singh, resident of Bagga and Sandeep Singh son of Amarjit Singh, resident of Ward No. 7, Rajasansi died in IVY Hospital, Amritsar. The above young men by throwing a Hand Grenade on the Sangat, have injured 22 persons seriously, out of which three persons have died. Deterrent action be taken against the above-mentioned accused. I have heard my statement. It is correct."

3. Pursuant to this F.I.R, the Punjab State Police apprehended the Appellant, one Bikramjit Singh, aged 26 years, on 22.11.2018, on which date he was remanded to custody by the learned Sub-Divisional Magistrate. After 90 days in custody, which expired on 21.02.2019, an application for default bail was made to the Sub-Divisional Judicial Magistrate, Ajnala. This application was dismissed on 25.02.2019 on the ground that the learned Sub-Divisional Judicial Magistrate had, by an order dated 13.02.2019, already extended time from 90 days to 180 days under Section 167 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") as amended by the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as "UAPA") -See Section 43-D(2). However, this Order was challenged by way of a revision petition by the Appellant and his co-accused, which revision succeeded by an order dated 25.03.2019, by which the learned Additional Sessions Judge being the Special Court set up under the National Investigation Agency Act, 2008 (hereinafter referred to as the "NIA Act") held as follows:

"6. After hearing the Ld Counsel for revision petitioner and Ld PP for State, I am of the view that since Ld PP has not controverted the proposition of law, wherein it is provided that Ilaqa Magistrate has no jurisdiction to entertain any application for extension the period of investigation or granting bail u/s 167 (2) Cr.P.C in default of presentation of Challan u/s 45 D (2) Unlawful Activities (Prevention Act 1967) and in view of the Notification supra passed by Government of Punjab, to deal with the cases of unlawful activities act, court of session