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UDAY UMESH LALIT, S. RAVINDRA BHAT
Sadique – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. overview of arrest and bail application history. (Para 2 , 3 , 4 , 5 , 6 , 8) |
| 2. gratitude expressed and directives for trial conclusion. (Para 9 , 17 , 20) |
| 3. citing case law to support bail argument. (Para 10 , 11) |
| 4. magistrate's jurisdiction on time extension under uapa. (Para 12 , 13) |
| 5. ruling on the entitlement to default bail. (Para 14 , 15 , 16 , 18 , 19) |
ORDER
Leave granted.
2. This appeal challenges the final judgment and order dated 11-09-2017 passed by the High Court of Madhya Pradesh, Principal Seat at Jabalpur in MCRC No. 1395/2016.
3. The appellant No.1 was arrested on 24.12.2013 in connection with crime registered pursuant to FIR No.22/2013 lodged with STF/ATS Police Station, District Bhopal in respect of offences punishable under Sections 3 07 , 34, 467, 468, 481 and 120-B of IPC, Sections 25 and 27 of the Indian ARMS ACT , Sections 3 ,10,13,15,18,19,20,23,38 and 39 of the Unlawful Activities (Prevention) Act, 1967 (“ UAPA ” for short).
4. Appellant Nos.2 to 4 were also arrested around the same time.
5. On 20th March, 2014 while dealing with an application moved on behalf of the Investigating Machinery under Section 43-D(2)(b) of the UAPA , appropriate
Extension of period of investigation – Magistrate would not be competent to consider request and only competent authority to consider such request would be Court as specified in proviso in Section 43....
Default bail – Period for granting extension of investigation could not be extended in a casual manner – Nature of offence must also be considered.
In cases involving UAPA, a valid extension of investigation period negates the right to default bail, contingent on statutory compliance.
The right to default bail under Section 167(2) Cr.P.C. is extinguished once a charge-sheet is filed; extensions beyond 90 days must follow proper procedures and be conducted by appropriate judicial a....
The court established that a valid report from the Public Prosecutor is essential for extending the time to file a charge-sheet, and failure to comply with procedural requirements negates the right t....
Default bail is a fundamental right and not merely a statutory right. An oral application for grant of default bail would suffice.
Only special courts or sessions courts have the authority to extend the investigation period beyond 90 days under the UAPA, not magistrates.
Default bail under Section 167(2) CrPC is only available before the filing of a chargesheet; once filed, the right to default bail ceases.
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