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Supreme Court of India 2019-05-07 disposed

UNION OF INDIA vs MUBARAK @ MOHAMMED MUBARAK

Bench: 2 — A.M. Khanwilkar, Ajay Rastogi

In Brief

A murder case involving gang violence in Tamil Nadu in 2016 led to communal unrest across multiple states. The accused was arrested and detained; the NIA sought a 90-day extension of detention under the Unlawful Activities (Prevention) Act. The Special Court granted the extension, but the High Court set it aside, granting statutory bail. The Supreme Court held that while the detention extension fulfilled statutory requirements, it upheld the bail due to changed circumstances: other accused were already on bail without breach, charge-sheet was filed, and no bail violations occurred. The prosecution was left free to seek bail cancellation if needed.

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Criminal Law Unlawful Activities (Prevention) Act Bail and Custody Judicial Detention National Investigation Agency Terrorism/Extremism Criminal Procedure

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