JUDGMENT

N.J. Jamadar, J. - These applications under section 482 of the Code of Criminal Procedure, 1973 (the Code) seek enlargement of the applicants on bail under section 167(2) of the Code read with section 43-D(2) of the Unlawful Activities (Prevention) Act, 1967 ( UAPA ) in National Investigation Agency (NIA) Special Case No. 871 of 2020, arising out of frst information report, initially registered with Vishrambaug Police Station, being frst information report No.4 of 2018, on the ground that the learned Judge, who extended the period for investigation under section 43-D(2) of UAPA and took cognizance of the offences punishable under sections 120B, 121, 121(A), 124(A), 153A, 505(1)(b), 117, 23 of INDIAN PENAL CODE , 1860 (the Penal Code) and sections 13, 16, 17, 18, 18-B, 20, 38, 39 and 40 of UAPA was not legally empowered to grant such extension and take cognizance.

2. Since the factual backdrop is, by and large, similar and common questions of law arise for consideration, both these applications are determined by this common judgment and order.

3. The background facts leading to these applications can be summarized as under:

CRIMINAL BAIL APPLICATION No. 2024 OF 2021:-

Tushar Ramesh Damgude lodged a report on 8th January, 2018 with Vishrambaug Police Station in connection with a programme organized under the banner "Elgar Parishad" at Shanivar Wada, Pune on 31st December, 2017 alleging commission of the offences punishable under sections 153A, 505(1)(b), 117 read with 34 of the Penal Code. On 6th March, 2018 an offence punishable under section 120B of the Penal Code came to be added. During the course of investigation, searches were conducted at various places. On 17th May, 2018 the offences punishable under sections 13, 16, 17, 18, 18-B, 20, 38, 39 and 40 of UAPA were added. On 28th August 2018, the applicant, P.Varavara Rao, Gautam Navlakha, Vernon Gonsalves and Arun Ferreira were arrested by the Pune police.

4. The applicant was produced before the Chief Judicial Magistrate, Faridabad, Haryana, who granted transit remand for two days. On the very same day, a Habeas Corpus petition was fled on behalf of the applicant, being Criminal Writ Petition No. 701 of 2018 before the Punjab & Haryana High Court. The applicant was directed to be kept under house arrest under the supervision of Surajkund police. Writ Petition No. 260 of 2018 was fled by Romila Thapar & Others in the Supreme Court. By an order dated 29th August, 2018, the house arrest came to be extended till further orders. Eventually, the said writ petition came to be dismissed on 28th September, 2018. However, the interim order was continued for a period of four weeks. The bail application preferred by the applicant came to be dismissed by the Sessions Court, Pune, on 26th October, 2018.

5. On 27th October, 2018, the applicant was taken into custody by Pune police. The learned Additional Sessions Judge, Pune (Shri K.D. Vadane), before whom the applicant was produced, remanded the applicant to police custody for ten days.

6. On 22nd November, 2018 the Public Prosecutor fled a report (Exh.33) seeking extension of pe