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Supreme Court of India 2021-09-07 allowed

Sadique & Ors vs State of Madhya Pradesh

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

Appellants were arrested in December 2013 for UAPA offences. The Chief Judicial Magistrate extended the investigation period beyond 90 days. The appellants sought bail on grounds that no chargesheet was filed within 90 days, but the High Court dismissed their plea. The Supreme Court held that a Magistrate has no jurisdiction to extend investigation time under UAPA Section 43-D(2)(b); only Sessions Courts or Special Courts can do so. Since the extension was void, the appellants were entitled to default bail. The appeal was allowed and the appellants released on bail pending trial.

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Criminal Procedure Bail Unlawful Activities (Prevention) Act Investigation Jurisdiction

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