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S. M. SUBRAMANIAM, V. SIVAGNANAM
Ferose S/o Ismayil – Appellant
Versus
Union of India – Respondent
ORDER :
Prayer: Criminal Appeal filed under Section 21(1) of National Investigation Agency Act, 2008, calling for the records and set aside the order dated 18.05.2023 in Crl. M.P. No. 759 of 2023 passed by the Special Court under the National Investigation Agency Act, 2008, Chennai in R.C. No. 01/2022/NIA/CHE on the file of the respondent and enlarge the appellants on bail in R.C. No. 01/2022/NIA/CHE on the file of the respondent.
1. Under assail in the present criminal appeal is the order passed by the Special Court under the National Investigation Agency Act, 2008 dated 18.05.2023 in Crl. M.P. No. 759 of 2023 in R.C. No. 01/2022/NIA/CHE.
2. The appellants herein are the accused nos.4, 5 and 6. They filed bail application before the trial court under Section 167(2) of Cr.P.C. The trial court adjudicated the issues and rejected the application, which resulted institution of the present appeal before this court.
3. The facts in nutshell are that, on 23.10.2022, at 0400 hours, an explosion had taken place in front of a temple, namely Arulmigu Kottai Sangameshwarar Thirukovil at Eswaran Kovil Street, Ukkadam, Coimbatore, Tamil Nadu, wherein a Maruti car bearing Registration No. TN-01-F-61
The right to default bail under Section 167(2) of Cr.P.C. ceases once a charge sheet is filed, regardless of pending investigations.
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....
Default bail – Once a charge-sheet is filed within stipulated time, question of default bail does not arise. It cannot be held that additional documents cannot be produced subsequently.
The court held that the Special Court did not err in dismissing the appellant's bail application, as there were reasonable grounds to believe that the accusations against the appellant were prima fac....
The right to apply for default bail is lost once the charge-sheet is filed, and such right does not revive only because further investigation is pending.
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