Extension of time for filing chargesheet must be based on valid grounds; if the investigation is complete, the right to default bail accrues.

JUDGMENT :

Gauri Godse, J.

1. Although the arguments were concluded and judgment was reserved on 13th December 2023, we listed the matter for further hearing on a praecipe moved by the learned Public Prosecutor as he wanted to address this Court on certain issues, including pointing out the latest decision of the Apex Court. Accordingly, we heard the learned counsels for the respective parties on 7th March 2024, 25th April 2024 and 2nd May 2024.

2. This appeal is preferred under Section 21 of the National Investigation Agency Act, 2008 (“NIA Act”) to challenge the order dated 18th January 2023 passed by learned Sessions Judge (MCOCA/POTA/TADA/NIA) and Additional Sessions Judge Greater Mumbai in NIA RA No. 946 of 2022 in Crime No. 19 of 2022, by which the court granted an extension of time of 15 days to file the chargesheet. By way of an amendment, the appellants have also challenged the order dated 20th January 2023, by which the learned Judge rejected the appellants’ application for grant of bail under Section 167 (2) of the Code of Criminal Procedure, 1973 (‘CrPC’).

3. By an order dated 18th January 2023, the Trial Court granted an extension of 15 days to the prosecution to file the chargesheet on the ground that the prosecution was awaiting sanction from the appropriate Government.

4. For examining the grounds of challenge raised on behalf of the appellants, it is necessary to note the following dates as revealed from the roznama, applications filed by the parties and the orders passed below it:

- 21st September 2022 :– FIR was registered with the ATS for the offences punishable under Sections 120-B, 121-A, 153-A of the Indian Penal Code (“IPC”) and Sections 13(1)(b) of the Unlawful Activities (Prevention) Act 1967 (“ the UAPA”).

- 22nd September 2022 : The appellants were arrested and produced before the Trial Court. By an order passed on the first remand application, the appellants were remanded to police custody for five days, i.e., until 26th September 2022.

- 26th September 2022 :– Appellants were produced before the Trial Court. An order was passed on the second remand application, and police custody was granted till 3rd October 2022 on the ground that the prosecution required time for examining the electronic devices.

- 3rd October 2022 :– Appellants were produced before the Trial Court. An order was passed on the third remand application, and the police custody of the appellants was extended up to 8th October 2022, again on the ground that time was required for examining the electronic devices.

- 8th October 2022 : The appellants were produced before the Trial Court and were granted judicial custody until 20th October 2022.

- 20th October 2022 :- The appellants were produced before the Trial Court through video conferencing (“VC”). An application was filed for extension of the appellants’ judicial custody. The matter was adjourned to 3rd November 2022 for the appearance of the accused through VC.

- 3rd November 2022 :- The appellants were not produced before the Trial Court through VC. Judicial custody was extended till 17th November 2022.

- 17th November 2022 :- Appellants were produced before the Trial Court through VC. Judicial custody was accordingly extended till 1st December 2022.

- 1st December 2022 :- Roznama does not reflect that the appellants were produced before the Trial Court either physically or through VC. However, it appears that the appellants’ Judicial custody was extended till 14th December 2022.

- 14th December 2022 :- Roznama does not reflect that the appellants were produced before the Trial Court either physically or through VC. However, it appears that the appellants’ Judicial custody was extended till 20th December 2022.

- 17th December 2022:- Since the ninety days period for filing the chargesheet was to expire on 20th December 2022, the prosecution filed a Criminal Misc. Application No. 1710 of 2022 and prayed for extension of time to file the chargesheet on two grounds, i.e. (i) to retrieve a large amou