Back
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
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.
4. Appellant Nos.2 to 4 were also arrested around the same time.
6. On completion of 90 days of their actual custody, applications on behalf of appellants were moved under Section 167(2) of Code of Criminal Procedure (“the Code” for short) seeking bail on the ground that no charge-sheet was filed by the Investigating Agency within 90 days.
7. The matter was carried further by filing M.Cr.C. No. 1396 of 2016 under Section 482 of the Code.
9. Considering the importance of the matter, this Court requested Mr. S.V. Raju, learned ASG to assist this Court.
11. Para 26 of the decision of this Court in Bikramjit Singh was to the following effect:
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.
Right to life and liberty is one of integral part of Constitution of India and it is the most sacred Fundamental Right – Custody of people in name of various enactments and without adhering to prompt....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
