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P. N. PRAKASH, RMT. TEEKAA RAMAN
T. Keeniston Fernando – Appellant
Versus
State By: The Deputy Superintendent of Police, Chennai – Respondent
JUDGMENT
(Prayer in Crl.A.No.393 of 2022: Criminal Appeal filed under Section 21 of NIA Act, to call for the records in Crl.M.P.No.98 of 2022 dated 3.1.2022 on the file of the Principal Sessions Court, Kanchipuram District, Chengalpattu in Cr.No.1 of 2021 on the file of the respondent No.1 (now the records are available before the Special Court for NIA Cases in Cr.No.R.C.No.2/2022/NIA/DLI) and set aside the same and grant bail to the appellants.
In Crl.A.No.479 of 2022: Criminal Appeal filed under Section 21 of NIA Act, to call for the records in Crl.M.P.No.142 of 2022 dated 19.04.2022 in R.C.02/2022/NIA/DLI on the file of the Special Court for NIA Cases, at Poonamallee, Chennai and set-aside the same and grant bail to the appellant.)
Common Order:
RMT. Teekaa Raman, J.
1. Crl.A.No.393 of 2022 is filed by A2 and A3 challenging the extension of remand period from 90 days to 180 days on the petition filed by the respondent police. Elongation of period from 90 days to 180 days in Crl.M.P.No.98 of 2022 dated 03.01.2022 and consequently seeks grant of bail.
2. Crl.A.No.479 of 2022 is filed by A3 alone for grant of bail by challenging the order passed by the Special Court, NIA in Crl.M.P.No.14
The right to default bail stands extinguished after the filing of the final report, and compliance with legal provisions is essential.
The completion of investigation within the prescribed period and the loss of right to default bail upon presentation of the charge sheet.
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 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 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) accrues upon non-filing of the charge-sheet within the stipulated time, and cannot be extinguished by subsequent extensions or filings.
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.
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