UAPA | Error In Order Extending Time For Investigation No Ground For Default Bail When Chargesheet Has Been Filed : Supreme Court

The Supreme Court recently set aside an order of the Punjab and Haryana High Court dated May 12, 2023, for granting default bail under Unlawful Activities, 1967 on grounds that the accused persons should benefit from default bail in the absence of lack of competent order whereby time was extended for the investigation agency to file chargesheet. A bench of Justices Vikram Nath and PB Varale observed that although the High Court was right in holding that the order for extension was passed by a Court which was not jurisdictionally competent, however, since the application for default bail was preferred 4 months after the chargesheet was filed, no such right sustained. Therefore, the High Court had wrongly granted such benefit to the accused-Respondents by blatantly ignoring the fact of presentation of chargesheet being much prior in time to the application for default bail." However, the Court stated that default bail application under Section 167 of CrPC read with Section 43D of UAPA is preferred at the stage before a chargesheet is filed.