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Supreme Court of India 2023-05-01 dismissed

SAMRA @ JASBIR & ORS vs NATIONAL INVESTIGATION AGENCY

Bench: 2 — Dhananjaya Y. Chandrachud, J. B. Pardiwala

In Brief

Five individuals were arrested in connection with hand grenades and a mobile phone found during a traffic check in Punjab. They were charged under anti-terror and explosives laws. The accused sought default bail, arguing the chargesheet was incomplete without prosecution sanctions. The Supreme Court upheld dismissal of their bail plea, holding that filing a chargesheet within the statutory 180-day period (90+90 days under UAPA) is sufficient—sanctions are required only for taking cognizance, not for completing investigation. The Court clarified that default bail rights cease once a chargesheet is filed, regardless of whether sanctions or cognizance follow later. However, it cautioned that accuseds who timely apply for bail on the 91st day cannot have that right defeated by subsequent chargesheet filing.

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Unlawful Activities (Prevention) Act National Investigation Agency Criminal Procedure Code Default Bail Explosive Substances Act Sanction for Prosecution Investigation Procedure Right to Liberty

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