Supreme Court upholds default bail for UAPA accused as charge sheet delayed
The case involves the State of Maharashtra appealing against a Bombay High Court judgment that granted default bail to respondents Momin Moiuddin Gulam Hasan @ Moin Mistri and Asif Aminul Hussain Khan Adhikari, who were arrested in a UAPA case, on the grounds that the investigating agency failed to file a charge sheet within the extended time period.
Petitioner: State of Maharashtra & Anr. (through Secretary, Home Department and ATS Police Inspector); Respondent: Momin Moiuddin Gulam Hasan @ Moin Mistri & Anr. (Asif Aminul Hussain Khan Adhikari deceased); Bench: Shree Chandrashekhar, J.
- The Supreme Court upheld the High Court's judgment that the respondents were entitled to default bail as the investigating agency failed to file the charge sheet within the extended period.
- The Court held that the extension of time for filing the charge sheet on the ground of pending sanction under section 45 of UAPA was illegal.
- The Court observed that the embargo under section 196 of CrPC and section 45 of UAPA is on taking cognizance, not on filing the charge sheet.
- The Court directed the respondents to be released on bail with certain terms and conditions.
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Document details
| Official title | Police Statement That 'Sufficient Material Exists To File Chargesheet' Doesn't Mean Default Bail Can Be Granted : Supreme Court |
| Source body | Supreme Court of India — orders & judgments |
| Reference number | — |
| Status | closed (order) |
| Year | 2026 |
| Closing date | — |
| Documents | 1 |