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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, C.J., RAVINDRA KUMAR AGRAWAL
Ramesh Mandavi S/o Rajman Mandavi – Appellant
Versus
State of Chhattisgarh Through Officer-In-Charge, Police Station – Respondent
| Table of Content |
|---|
| 1. extension of investigation period under nia act (Para 2 , 3) |
| 2. appellant's arguments against the extension (Para 4 , 6 , 10 , 12) |
| 3. factual background of the appellant's case (Para 5) |
| 4. court's analysis of statutory requirements (Para 8 , 9 , 14) |
| 5. prosecution's justification for investigation delays (Para 13 , 18) |
| 6. legality of the court's extension order (Para 19 , 20 , 21 , 22 , 25 , 26) |
| 7. satisfaction of court for extension validated (Para 27 , 28 , 29 , 30) |
| 8. indefeasible right to bail despite extension (Para 32 , 38 , 39) |
| 9. dismissal of the appeal (Para 40 , 41) |
JUDGMENT :
Ramesh Sinha, C.J.
1. Heard Ms. Priyanka Shukla, learned counsel for the appellant as well as Mr. Soumya Rai, learned Deputy Government Advocate, appearing for the State/respondent.
2. The present appeal has been preferred under Section 21 of the National Investigation Agency Act, 2008 (hereinafter referred to as “the NIA Act”), calling in question the legality, propriety and correctness of the orders dated 07.10.2025 and 17.10.2025 passed by the learned Special Judge (NIA Act), North Bastar, Kanker (hereinafter referred to as “the Special Judge”) in connection with FIR No. 16/2022 registered
In cases involving UAPA, a valid extension of investigation period negates the right to default bail, contingent on statutory compliance.
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.
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 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 completion of investigation within the prescribed period and the loss of right to default bail upon presentation of the charge sheet.
Extension of time for filing chargesheet must be based on valid grounds; if the investigation is complete, the right to default bail accrues.
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 court ruled that an extension of remand without production of the accused violates statutory rights, allowing for default bail under the Criminal Procedure Code.
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....
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