COMMON JUDGMENT:

Heard Mr. T. Pradyumna Kumar Reddy, learned Senior Counsel representing Mr. C. Sharan Reddy and Mr. Gulam Rabbani, learned counsel for the appellants Mr. P. Vishnuvardhana Reddy, learned Special Public Prosecutor appearing on behalf of the respondent - National Investigation Agency (NIA).

2. Lis involved in both the appeals and the parties are one and the same. Therefore, both the appeals were heard together and are disposed of by way of this common judgment.

3. The respondent herein - Investigating Agency had filed Crl.M.P.No.240 of 2023 in (RC-01/2023/NIA/HYD.) in Crime No.204 of 2022 of PS SIT, Hyderabad, seeking extension of another 90 days time for completion of investigation and laying charge sheet in terms of the Unlawful Activities (Prevention) Act, 1967 (for short ‘UAPA’). Vide impugned order dated 27.02.2023, learned IV Additional Metropolitan Sessions Judge - cum - Special Court for NIA Cases, Nampally, Hyderabad (for short ‘Special Court’), allowed the said application extending the judicial remand of accused Nos.1 to 3 including the appellant herein up to 180 days, and the Investigating Agency was directed to take all appropriate steps to complete the investigation within the said period.

i) Feeling aggrieved by the order 27.02.2023 in Crl.M.P.

No.240 of 2023, the appellant - accused No.3 preferred Criminal Appeal No.250 of 2023.

4. Like-wise, feeling aggrieved by the order dated 27.02.2023 passed by the Special Court in Crl.M.P. No.252 of 2023 in Crl.M.P. No.166 of 2023 in (RC-01/2023/NIA/HYD.) in Crime No.204 of 2022 of PS SIT, Hyderabad, dismissing the petition to grant default bail to accused Nos.1 to 3, the appellant - accused No.1 filed Criminal Appeal No.278 of 2023.

FACTS:

5. On the complaint lodged by Inspector of Police, CCS, DD, SIT, Hyderabad, CCS PS, DD, Hyderabad registered a case in Crime No.204 of 2022 on 01.10.2022 against the appellants herein - accused Nos.1 & 3 and others for the offences punishable under Sections - 18, 18B and 20 of the UAPA.

i) On 01.10.2022, the complainant received credible information that one Zahed @ Mohd. Abdul Wajid, resident of Malakpet, Hyderabad (Accused No.1), who was released from Jail in 2017 in connection with the Suicide Bombing Attack Case on Begumpet Task Force Office, Hyderabad in 2005 and also involved in several other terror related cases, was in contact with Pakistan based handlers who belong to Let-ISI (Lashkar-e-Taiba - Inter-Services Intelligence). He had received hand-grenades from his Pakistan based handlers and he was planning to hurl the same on public gatherings/processions in order to create communal tension. As per the instructions of his Pakistan based handlers, accused No.1 has recruited several youth in Hyderabad for carrying out the terrorist attacks.

ii) On receipt of the said complaint, CCS PS has registered the aforesaid crime against Zahed @ Mohd. Abdul Zahed @ Md. Abdul Wajid (appellant - accused No.1); Maaz Hasan Farooq @ Maaz (appellant - accused No.3); Samiuddin @ Sami (accused No.2) and others for the aforesaid offences, and investigation was handed over to Assistant Commissioner of Police, SIT, CCS, DD, Hyderabad.

iii) On 02.10.2022, the State Police have conducted a search at the house of accused No.1 which resulted in recovery of two hand- grenades and Rs.3.91 lakhs cash as part of terror funding money. During the search, the disclosure made by accused No.1 under Section - 27 of the Indian Evidence Act, 1872, led to the discovery of fact of accused Nos.2 and 3 possessing hand-grenades and terror funding money which were handed over to them by accused No.1. Accordingly, house searches of accused Nos.2 and 3 resulted in recovery of one hand-grenade each from their house apart from recovery of Rs.1.5 lakh (part of terror funding money) from the house of accused No.2. All the three accused including appellants herein were arrested on 02.10.2022 and were remanded to judicial custody.

iv) During the course of investigation, it was