Back
SUJIT NARAYAN PRASAD, RONGON MUKHOPADHYAY, RAVI RANJAN
Rakesh Saw @ Sahu @ Rakesh Kumar Sahu – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT
Dr. Ravi Ranjan, C.J.—The instant application has been filed under Section 439 and 440 of the Code of Criminal Procedure for grant of regular bail in connection with S.T. No.71B/2013 arising out of Herhanj P.S. Case No. 14 of 2010 corresponding to G.R. Case No. 302 of 2010 registered under Sections 147, 148, 149, 307, 353, 332 of the I.P.C., 27 of the Arms Act, 17 of C.L.A. Act and 13 of U.A.P.A. Act.
2. The learned Single Judge of this Court, while hearing the bail application, has passed the order dated 27.06.2022 which reads as under:—
“1. Since the matter has already been decided in detail by this Court in Criminal Revision No.994 of 2019 vide order dated 29.09.2021 in the case of Bhaskar Chakravarty @ Bhaskar Chakraborty Versus the State of Jharkhand.
2. Today learned counsel for the State has placed the order dated 23.12.2021 passed in Cr. Appeal (DB) No.249 of 2021.
3. Considering the above facts, let the matter be referred to Hon’ble the Chief Justice for consideration and for the appropriate order.”
3. This Court has perused the order dated 29.09.2021 passed in Criminal Revision No. 994 of 2019 whereby and whereunder the learned Single Judge has come to th
Scheduled offences under the U.A.P.A. Act are exclusively triable by Special Courts set up under the N.I.A. Act, and appeals from their judgments, sentences, or orders are to be heard by the Division....
The main legal point established is that the bail application under the NIA Act is maintainable under Section 439 of the Cr.P.C. if the case has not been notified to the Central Government as require....
Bail applications under UAPA must be appealed to a Division Bench under Section 21 of the NIA Act, not maintained before the High Court.
In the absence of a designated Special Court under the NIA Act, the jurisdictional Sessions Court has the authority to try scheduled offences under UAPA.
Until a Special Court is constituted by State Government under sub-Section (1) of Section 22 of NIA Act, in case of registration of any offence punishable under UAPA, Court of Sessions of division in....
The main legal point established is the entitlement to default bail under Section 167(2) Cr.P.C. and the legislative mandate that offences under the Unlawful Activities (Prevention) Act, 1967 are to ....
The right to default bail under Section 167(2) Cr.P.C is an indefeasible right once the statutory period for filing the charge sheet/challan has lapsed, and offences under UAPA are to be tried exclus....
(1) Accused shall not be entitled to be released on bail only that there are reasonable grounds for believing that accusation against such person is prima facie.(2) Once UA(P) Act is invoked, Magistr....
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
