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2021 (3) TMI 1301 - SC - Indian LawsSeeking grant of Default Bail - prosecution sanction from the State Government not obtained, for filing of charge sheet - submission of appellant is that the Chief Judicial Magistrate, Lucknow on 03.06.2017 could not have granted 180 days for filing of the charge sheet as the jurisdiction in respect of offences under the UAPA Act, which cases are entrusted to NIA, vests only with the special courts - HELD THAT:- Suffice to say that the situation in the State of Uttar Pradesh is different and it is not as if there were any notified special courts in existence. Charge sheet/supplementary charge sheet under the UAPA Act was not filed even within 180 days giving cause to the Appellant to file the application for default bail on 03.10.2017, two days thereafter on 05.10.2017 after a lapse of 211 days that this charge sheet had been filed - HELD THAT:- The State cannot take advantage of the fact that in one case there is one charge sheet and supplementary charge sheets are used to extend the time period in this manner by seeking to file the supplementary charge sheet qua the offences under the UAPA Act even beyond the period specified Under Section 167 of the Code of Criminal Procedure beyond which default bail will be admissible, i.e., the period of 180 days. That period having expired and the charge sheet not having been filed qua those offences (albeit a supplementary charge sheet), we are of the view the Appellant would be entitled to default bail in the aforesaid facts and circumstances. In fact in the majority judgment of this Court it has been held that an oral application for grant of default bail would suffice. The consequences of the UAPA Act are drastic in punishment and in that context, it has been held not to be a mere statutory right but part of the procedure established by law Under Article 21 of the Constitution of India. The Appellant is entitled to default bail Under Section 167(2) of the Code of Criminal Procedure in the given facts of the case on the terms and conditions to the satisfaction of the trial Court - appeal allowed.
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