Judgment

Mr. Sureshwar Thakur, J.

The National Investigation Agency becomes aggrieved from an order made on 05.12.2022, by the learned Special Judge, NIA, Punjab, SAS Nagar, Mohali, whereby in terms of the provisions as carried in Section 167 (2) of the Cr.P.C. read with Section 43 D under the Unlawful Activities (Prevention) Act, (hereinafter for short called as the ‘UAPA Act’), the learned Special Judge concerned, proceeded to enlarge the respondent herein, on default bail.

2. The reason which becomes assigned by the learned Special Judge concerned, to assign the benefit of the above provisions, to the respondent herein, ensued from the factum, that the respondent herein, became arrested on 25.08.2022, and, given the filing of a charge sheet against him, thus on 16.12.2021, but during the phase of his absconding, thereupon despite 90 days lapsing from the date of his arrest (supra), neither any regular charge-sheet nor any supplementary charge-sheet becoming filed against him. Resultantly, it was concluded that thereby the respondent concerned herein became entitled to claim the benefit of default bail as envisaged under Section 167 (2) of the Cr.P.C.

3. Furthermore, since the invest