Case Note & Summary
The Supreme Court allowed the appeal of Bikramjit Singh, who was arrested in connection with a grenade attack at a Nirankari Bhawan in Amritsar on 18.11.2018, resulting in three deaths and multiple injuries. The FIR invoked various sections of the IPC, Arms Act, Explosive Substances Act, and the Unlawful Activities (Prevention) Act (UAPA). The appellant was arrested on 22.11.2018 and remained in custody for 90 days, which expired on 21.02.2019. On 25.02.2019, he applied for default bail under Section 167(2) CrPC, but the Sub-Divisional Judicial Magistrate dismissed it on the ground that the period of investigation had been extended to 180 days by an order dated 13.02.2019 passed by the same magistrate under Section 43-D(2) UAPA. The appellant challenged this extension order in revision, and the Additional Sessions Judge (Special Court under NIA Act) set it aside on 25.03.2019, holding that only the Special Court had jurisdiction to extend time. On 26.03.2019, the police filed a charge sheet. The appellant's subsequent default bail application was dismissed by the Special Judge on 11.04.2019, and the High Court upheld that dismissal. The Supreme Court examined the provisions of the NIA Act and UAPA, particularly Section 43-D(2), which allows extension of investigation period up to 180 days. The Court held that once a Special Court is designated under the NIA Act for trial of scheduled offences including UAPA offences, that court alone has exclusive jurisdiction to grant such extension, not the magistrate. The extension order by the Ilaqa Magistrate was without jurisdiction and void. Consequently, the 90-day period expired on 21.02.2019, and the appellant's right to default bail had accrued. The Court further held that the appellant's application for default bail was made before the charge sheet was filed, and the right to default bail is indefeasible and not extinguished by subsequent filing of the charge sheet. The Court allowed the appeal, set aside the impugned judgment, and directed the release of the appellant on bail subject to conditions.
Headnote
A) Criminal Procedure - Default Bail - Section 167(2) CrPC read with Section 43-D(2) UAPA - Exclusive Jurisdiction of Special Court - The power to extend the period of investigation from 90 to 180 days under Section 43-D(2) of the Unlawful Activities (Prevention) Act, 1967 vests exclusively in the Special Court designated under the National Investigation Agency Act, 2008, and not in the Ilaqa Magistrate, even if the investigation is conducted by the State Police. The order of extension passed by the Ilaqa Magistrate being without jurisdiction is void ab initio. (Paras 8-15) B) Criminal Procedure - Default Bail - Indefeasible Right - Section 167(2) CrPC - Upon expiry of 90 days without filing of charge sheet, the accused acquires an indefeasible right to default bail, which cannot be extinguished by the subsequent filing of the charge sheet if the application for default bail was made before the filing of the charge sheet. The right crystallizes on the date of application, and the court must grant bail. (Paras 16-20) C) Criminal Procedure - Default Bail - Application Before Filing of Charge Sheet - The appellant's application for default bail was made on 25.02.2019, before the charge sheet was filed on 26.03.2019. The order of the Ilaqa Magistrate extending time being without jurisdiction, the 90-day period expired on 21.02.2019, and the appellant's right to default bail had accrued. The subsequent filing of the charge sheet does not defeat this right. (Paras 21-25)
Issue of Consideration
Whether the Ilaqa Magistrate had jurisdiction to extend the period of investigation from 90 to 180 days under Section 43-D(2) of the Unlawful Activities (Prevention) Act, 1967, when a Special Court under the National Investigation Agency Act, 2008 had been designated; and whether the appellant's right to default bail under Section 167(2) CrPC was extinguished by the subsequent filing of the charge sheet.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned judgment of the High Court, and directed the release of the appellant on bail subject to such conditions as the Special Court may impose.
Law Points
- Default bail under Section 167(2) CrPC
- Exclusive jurisdiction of Special Court under NIA Act for extension of investigation period under Section 43-D(2) UAPA
- Indefeasible right to default bail upon expiry of 90 days
- Effect of filing charge sheet after default bail application
