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IN THE HIGH COURT OF ALLAHABAD
HON'BLE ATTAU RAHMAN MASOODI, HON'BLE MANISH KUMAR NIGAM, JJ.
Mohammed Aleem @ Abdul Aleem And Another – Appellants
Versus
State Of Uttar Pradesh – Respondent
Criminal Appeal No. - 2376 of 2023, Criminal Appeal No. - 2377 of 2023, Criminal Appeal No. - 2378 of 2023, CRIMINAL APPEAL No. - 2379 of 2023, CRIMINAL APPEAL No. - 2380 of 2023, CRIMINAL APPEAL No. - 2381 of 2023
Decided on : 14-05-2024
| Table of Content |
|---|
| 1. procedural adherence in court hearings. (Para 1) |
| 2. details of case initiation and bail applications. (Para 2 , 3 , 4 , 5 , 6) |
| 3. importance of statutory periods and bail rights. (Para 7 , 8 , 9) |
| 4. arguments regarding statutory compliance by the prosecution. (Para 10 , 11) |
| 5. interpretation of procedural guarantees in criminal justice. (Para 12 , 13 , 14 , 15) |
| 6. court's reasoning on procedural failures. (Para 16 , 17 , 18 , 19 , 20 , 21) |
| 7. constitutional safeguards related to personal liberty. (Para 22 , 23 , 24) |
| 8. discussion on rights linked to personal liberty. (Para 25 , 26 , 27) |
| 9. case law references on default bail. (Para 28 , 29 , 30 , 31 , 32) |
| 10. understanding legal interpretations and their implications. (Para 33 , 34 , 35 , 36) |
| 11. statutory interpretation and requirements for bail. (Para 37 , 38 , 39 , 40) |
| 12. final rulings on procedural adherence. (Para 41 , 42 , 43) |
| 13. conclusion on legal positions related to bail. (Para 44 , 45) |
| 14. reinforcement of bail rights and court orders. (Para 46 , 47) |
| 15. framework of judicial oversight and procedural integrity. (Para 48 , 49 , 50) |
| 16. summation and reaffirmation of judicial conclusions. (Para 51 , 52 , 53 , 54 , 55) |
| 17. final consideration on statutory provisions. (Para 56 , 57) |
| 18. impact of procedural missteps on justice delivery. (Para 58 , 59) |
| 19. endorsement of personal liberty rights and their provisions. (Para 60 , 61) |
| 20. examination of personal liberty and related jurisprudence. (Para 62 , 63 , 64 , 65) |
| 21. final conclusions enabling bail provisions. (Para 66 , 67) |
JUDGMENT :
Per: Manish Kumar Nigam, J.
1. We have heard Shri Aarif Ali, Sri O.P. Tiwari and Sri Furkan Pathan, learned counsel for the appellants, learned Sri Shiv Nath Tilhari, Additional Government Advocate for the State-respondent and perused the record.
2. Criminal Appeal No. 2376 of 2023 ( Mohammed Aleem @ Abdul Aleem and another v. State of U.P. ) has been filed against the order dated 03.02.2023 passed by Additional Sessions Judge, Court No. 5, Special Judge, N.I.A., Lucknow in Bail Application No. 148 of 2023, rejecting the default bail application of the appellants under Section 167 (2) of Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) read with Section 43 -D of Unlawful Activities Prevention Act, 1967 (hereinafter referred to as the ‘Act of 1967’) in Case Crime No. 4 of 2022, under Section 121A, 123 I.P.C. and Section 13 , 18, 18B, 20, 38 of Act of 1967, registered at Police Station A.T.S., Lucknow. Criminal Appeal No. 2377 of 2023 ( Lukman v. State of U.P. ) has been filed against the order dated 03.02.2023 passed by Additional Sessions Judge, Court No. 5, Special Judge, N.I.A., Lucknow in Bail Application No. 86 of 2023, rejecting the default bail application of the appellants under Section 167 (2) of Cr.P.C. read with Section 43 -D of the Act of 1967 in Case Crime No. 4 of 2022, under Section 121A, 123 I.P.C. and Section 13 , 18, 18B, 20, 38 of Act of 1967, registered at Police Station A.T.S., Lucknow. Criminal Appeal No. 2378 of 2023 ( Mudassir and another v. State of U.P. ) has been filed against the order dated 03.02.2023 passed by Additional Sessions Judge, Court No. 5, Special Judge, N.I.A., Lucknow in Bail Application No. 145 of 2023, rejecting the default bail application of the appellants under Section 167 (2) of Cr.P.C. read with Section 43 -D of the Act of 1967 in Case Crime No. 4 of 2022, under Section 121A, 123 I.P.C. and Section 13 , 18, 18B, 20 38 of Act of 1967, registered at Police Station A.T.S., Lucknow.
Criminal Appeal No. 2379 of 2023 ( Mohammad Nadeem and another v. State of U.P. ) has been filed against the order dated 03.02.2023 passed by Additional Sessions Judge, Court No. 5, Special Judge, N.I.A., Lucknow in Bail Application No. 985 of 2023, rejecting the default bail application of the appellants under Section 167 (2) of Cr.P.C. read with Section 43 -D of the Act of 1967 in Case Crime No. 3 of 2022, under Section 121A, 123 I.P.C. an
An accused is entitled to default bail under Section 167(2) of Cr.P.C. if charges are not filed within the statutory period, emphasizing the fundamental right to personal liberty.
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 court reaffirmed that an accused’s right to default bail is contingent on proper legal procedures being followed; improper extensions can revive these rights until the formal charge-sheet is file....
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 main legal point established in the judgment is that the failure to produce the accused before the Special Court and to inform them about the application for extension of time rendered the orders....
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....
Default bail – While considering application by Investigating Agency for extension of time for completing investigation beyond period prescribed under Section 167(2) of Cr.P.C. accused is to be given....
(1) Default bail – Once period of detention expired, sans charge-sheet having been lodged and accused manifested intent to avail right by making application, no subterfuge to defeat indefeasible righ....
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