Default Bail IV

At around 04:50 AM on 02.06.2019, vehicles passing through Harsh Cheena were being checked. 2 boys, travelling on a motorcycle without a number plate, on being asked to stop, fled away. A blue coloured bag fell down. 2 hand grenades were recovered.  

By virtue of Section 43D of The Unlawful Activities (Prevention) Act, 1967 there are 90 + 90 days = 180 days to complete investigation. If investigation is concluded within prescribed period, no right accrues for release on bail under 167(2) of The Code of Criminal Procedure, 1973. Everything need not be completed, including obtaining a ‘sanction’, within this period of 180 days. The mere filing of a Charge Sheet is sufficient. The grant of ‘sanction’ is altogether a different act, not connected with investigation at all, to be performed by Government concerned under Section 45, UAPA. A ‘sanction’ cannot be brought within category of those documents contemplated under Section 173(5), CrPC.

Hon’ble Justice J.B. Pardiwala, Judgebir Singh v. National Investigation Agency, [Criminal Appeal No. 1011 of 2023].