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ATTAU RAHMAN MASOODI, MOHD. FAIZ ALAM KHAN
Kamal K. P. – Appellant
Versus
State of Uttar Pradesh Thru. Addl. Chief Secy. Home Lko. – Respondent
JUDGMENT :
Mohd. Faiz Alam Khan, J.
1. Heard Shri Sheeran Mohiuddin Alavi & Shri Harsh Vardhan Kediya, learned counsels appearing for the appellant and Shri Shiv Nath Tilhari, learned Additional Government Advocate for respondents and perused the record.
2. The instant criminal appeal under Section 21(4) of the N.I.A. Act, 2008 has been filed by the appellant- Kamal K.P. against the impugned order dated 26.06.2023 passed by the Additional District and Sessions Judge-5/Special Judge, NIA/ATS, Lucknow, in Bail Application No. 5048 of 2023, arising out of Case Crime No. 199 of 2020, under Sections 153-A, 295-A, 124-A, 120-B I.P.C. & Section 17 and 18 of the Unlawful Activities (Prevention) Act, 1967 [here-in-after referred to as ‘UAPA’ and Section 65 & 72 of the I.T. (Amendment) Act, 2008, Police Station Manth, District Mathura, Uttar Pradesh, whereby his application for default bail moved under Section 167(2) of the Code of Criminal Procedure, 1973 (hereafter referred as 'Cr.P.C.') read with Section 43-D(2) of the UAPA has been rejected.
3. Learned counsel for the appellant submits that appellant was arrested on 03.03.2023 and was produced before the learned Magistrate at Kerala on 04.03
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 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....
In cases involving UAPA, a valid extension of investigation period negates the right to default bail, contingent on statutory compliance.
The right to default bail is part of the procedure established by law under Article 21 of the Constitution of India, and the completeness of the charge-sheet, allowing for cognizance and framing of c....
The completion of investigation within the prescribed period and the loss of right to default bail upon presentation of the charge sheet.
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 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....
The right to default bail is indefeasible if the prosecution fails to file a chargesheet or extension application within the statutory period, and oral submissions during bail hearings suffice for cl....
(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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