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DINESH KUMAR PALIWAL
Abdul Jamil – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
1. This petition under section 482 of the Code of Criminal Procedure has been filed by the petitioners/accused persons praying for a direction to the trial Court to release petitioners Abdul Jamil, Abdul Khalid, Mohammad Javed, Imran Hussain Tanwar, Khwaja Husain, Ishaq Khan, Mohammad Aakib Khan, Zuber Ahmed, Mohammad Yusuf, Tousif Ahmad Chhipa, Mohammad Samsad, Mohsin Qureshi, Shahzaad, Shakir Khan, Anawar Khan, Shaikh Naser Shaikh Sabir, Gulam Nabee, Gulam Shah and Parvez Khan Muzammil Khan on bail who are accused in the case arising out of FIR No.43/2022 of P.S. Special Task Force, Bhopal for commission of offence under sections 121A, 153A, 120B, 201 of Indian Penal Code,1860 (hereinafter referred to as IPC for the sake of brevity and convenience) and sections 13(1)(b), 18 of the Unlawful Activities (Prevention) Act, 1967 (Amendment 2012) (hereinafter referred to as “UAPA” for the sake of brevity and convenience). The aforesaid applicants, who are 19 in number, have challenged the orders dated 14.10.2022, 28.10.2022, 10.11.2022, 24.11.2022, 8.12.2022, 22.12.2022, 5.1.2023, 19.1.2023, 01.02.2023, 15.2.2023 and 1.3.2023.
2. The above orders allowing their judicial custody hav
(1) Default bail – Indefeasible right to default bail is an integral part of right to personal liberty under Article 21 and said right cannot be suspended even during pandemic situation.(2) Default b....
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....
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.
Article 21 demands a fair and reasonable procedure before curbing liberty of a person.
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 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 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.
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