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MANOJ KUMAR TIWARI, PANKAJ PUROHIT
Mujjamil – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Pankaj Purohit, J.—These are two sets of appeals; in one set, the orders passed by the learned Ist Additional Sessions Judge, Haldwani in FIR No.22 of 2024 has been put to challenge, whereas in another set, the order passed by the same Court in FIR No.23 of 2024 has been challenged. However the date of order(s) in all these matters is different. The substance of the said order is that the court has extended the period of investigation and appellants’ detention beyond the period of 90 days. At the same time the order(s) passed by the court of learned Ist Additional Sessions Judge, Haldwani in respect of aforementioned FIR/Crime Numbers 22 and 23 of 2024 have been challenged, whereby the application(s) moved by the appellants for granting them default bail has been turned down. Since the subject matter of all these appeals is one and the same, hence these are being disposed of by this common judgment. But for convenience facts of Criminal Appeal No. 289 of 2024, Gulzar Vs. State of Uttarakhand are being considered.
2. These criminal appeals have been filed under Section 21(4) of National Investigation Agency Act, 2008 against the order dated 11.05.2024, passed by learned Ist
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....
The right to default bail under Section 167(2) of CrPC is a fundamental right, requiring prompt investigation and adherence to procedural safeguards for extensions beyond 90 days.
In cases involving UAPA, a valid extension of investigation period negates the right to default bail, contingent on statutory compliance.
The main legal point established is that the extension of the investigation period without notifying the accused violates the principles of natural justice, and the accused is entitled to default bai....
The main legal point established in the judgment is that the extension of the remand period beyond 90 days under Section 43-D(2)(b) of the UA(P) Act is within the legislative intent and does not perm....
Default bail – Any direction to extend period for filing of charge-sheet encroaches upon personal liberty of an individual arrested in connection with a cognizable offence and any such direction must....
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 right to default bail under Section 167(2) accrues upon non-filing of the charge-sheet within the stipulated time, and cannot be extinguished by subsequent extensions or filings.
It is only when prescribed period of completing investigation is expiring and investigation is not complete in that event application for extension of period of investigation lie.
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