S.S.SHINDE, N.J.JAMADAR
Sudha Bharadwaj – Appellant
Versus
National Investigation Agency – Respondent
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:-
Ashwani Kumar Singh vs. U.P. Public Service Commission and Ors. (2003) 11 SCC 584
Babu Verghese and Others vs. Bar Council of Kerala and Others
Bahadur Kora vs. State of Bihar 2015 CrLJ 2134
Bikramjit Singh vs. State of Punjab
Chief Justice Of Andhra Pradesh And Others vs. L. vs. A. Dixitulu And Others AIR 1979 SC 193 at 198
Deep Chand vs. State of Rajasthan AIR 1961 SC 1527
Fatema Bibi Ahmed Patel vs. State of Gujarat & Anr. (2008) 6 SCC 789
Lord Roche in Nazir Ahmad vs. King Emperor
M. Ravindran vs. The Intelligence Offcer
Moly & Anr. vs. State of Kerala AIR 2004 SC 1890
of State of Tamil Nadu vs. Paramasiva Pandian (2002) 1 SCC 15
Punjab vs. Davinder Pal Singh Bhullar and Ors. (2011) 14 SCC 770
Rao Shiv Bahadur Singh vs. State of V.P.
Rattiram and Ors. vs. State of Madhya Pradesh (2012) 4 SCC 516
Sanjay Dutt vs. State through C.B.I. Bombay II (1994) 5 SCC 410
Shrisht Dhawan Smt. vs. M/s. Shaw Brothers (1992) 1 SCC 534
State of Madhya Pradesh vs. Bhooraji AIR 2001 SC 3372
State of U.P. vs. Singhara Singh AIR 1964 SC 358
State through Central Bureau of Investigation
Union of India & Ors. vs. Dhanwanti Devi and Ors. (1996) 6 SCC 44
Vidyadharan vs. State of Kerala (2004) 1 SCC 215
Zuari Cement Limited vs. Regional Director, Employees' State Insurance Corporation
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