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Supreme Court of India 2019-05-07 disposed

Union of India vs Mubarak @ Muhammed Mubarak

Bench: 2 — Rastogi

In Brief

In this criminal appeal, the Supreme Court examined whether the Special Court properly extended the detention of an accused under the Unlawful Activities (Prevention) Act, 1967, beyond the initial 90-day period. The High Court had set aside the detention order, granting statutory bail instead. The Court held that the prosecutor's report—detailing need for expert forensic analysis, multi-state investigations, conspiracy unraveling, and witness safety concerns—fulfilled all four mandatory requirements of Section 43D(2)(b). However, considering that a charge-sheet had been filed, co-accused were on bail without violations, and the accused himself had not breached bail conditions, the Court declined to interfere with the bail granted, instead directing expedited trial conclusion."

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Criminal Procedure Anti-terrorism Law Unlawful Activities (Prevention) Act Judicial Detention National Investigation Agency Bail

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