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Supreme Court of India 2020-10-12 allowed

Bikramjit Singh vs State of Punjab

Bench: 3 — R.F. Nariman

In Brief

Bikramjit Singh, accused of a serious crime including alleged grenade attack, was arrested on 22 November 2018. After 90 days of custody ended on 21 February 2019, he applied for default bail. The Magistrate wrongly extended the investigation period; a Special Court later corrected this. The High Court dismissed his bail plea after a challan was filed. The Supreme Court held that for UAPA offences, only Special Courts (not Magistrates) can extend investigation time. An accused's indefeasible right to default bail crystallizes when an application is made after 90 days and before challan is filed—filing the challan cannot defeat this right. The Court allowed the appeal and granted default bail.

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Criminal Procedure Bail Default Bail UAPA NIA Act Investigation Jurisdiction

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