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Supreme Court of India 2019-02-13 allowed

State of Maharashtra vs Surendra Pundlik Gadling & Ors

Bench: 3 — Sanjay Kishan Kaul

In Brief

The State of Maharashtra arrested several individuals including members of Kabir Kala Manch in connection with the Elgar Parishad event allegedly linked to Bhima Koregaon violence. The respondents sought default bail after initial 90 days of detention, challenging the State's application for a further 90-day extension of custody under the Unlawful Activities (Prevention) Act, 1967. The High Court found the Public Prosecutor's report deficient, lacking proper independent application of mind. The Supreme Court allowed the State's appeal, holding that although the report's form was imperfect, the detailed grounds provided and the Public Prosecutor's endorsement demonstrated sufficient substance of independent scrutiny. Default bail was denied, though the respondents retained the right to seek regular bail after the charge-sheet was filed.

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Criminal Law Unlawful Activities (Prevention) Act Custody and Bail Prosecutorial Procedure Terrorism

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