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2021 Supreme(Mad) 2863

P.N.PRAKASH, V.SIVAGNANAM, R.N.MANJULA
Jaffar Sathiq @ Babu – Appellant
Versus
State, Rep. by the Assistant Commissioner of Police, Coimbatore South, Coimbatore – Respondent


Advocates:
Advocate Appeared:
For the Appellant :John Sathyan, Advocate.
For the Respondent:R. Sankaranarayanan, Additional Solicitor General, R. Shanmugasundaram, Advocate General, Hasan Mohamed Jinnah, Public Prosecutor, K. Srinivasan, Special Public Prosecutor for CBI Cases, C.S.S. Pillai, Special Public Prosecutor for NIA Act cases & B. Mohan, Advocate, AR.L. Sundaresan, Senior Counsel as Amicus Curiae.

JUDGMENT :

P.N. Prakash, J.

This Full Bench has been constituted to decide the following questions formulated by A.D. Jagadish Chandira, J., vide order dated 16.12.2020, passed in Jaffar Sathiq @ Babu vs. the State (Crl.M.P. No.13123 of 2020):

    i. whether an application against the order passed by the District and Sessions Judge in a matter concerning UAP Act shall be numbered as a bail application or an appeal ? and

ii. whether, it has to be posted before the Single Judge or a two Judges Bench of this Court?

2. The case before A.D. Jagadish Chandira, J. arose out of the dismissal of an application for bail for offences under Sections 447, 448, 294(b), 307, 506(II) and 120-B, IPC and Sections 15, 16 and 18 of the Unlawful Activities (Prevention) Act (for short “the UAPA”). Although the accused were released on statutory bail, it was brought to the notice of the learned Judge that by an order dated 13.05.2020 passed in Crl.R.C.No.18 of 2020, P. Rajamanickam, J. had opined that a revision under Section 397 Cr.P.C. against an order of the Sessions Court extending the remand of an accused arrayed for offences under the U.A.P. Act, 1967, was not maintainable. P.Rajamanickam, J. concluded tha

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