Supreme Court rejects default bail for UAPA accused, overturns High Court

The case concerns an appeal by the State of Maharashtra against a High Court judgment that granted default bail to two respondents, holding that the extension of time for filing the charge sheet was illegal because the investigation was complete and the pending sanction under the UAPA is required for taking cognizance, not for filing the charge sheet.

Who it concerns: Appellants: The State of Maharashtra & Anr.; Respondents: Momin Moiuddin Gulam Hasan @ Moin Mistri & Anr. (one respondent deceased); Bench: Justice Shree Chandrashekar.

What the court decided

• The Court is reviewing the High Court's decision which allowed the respondents' application for default bail.
• The High Court had held that the order granting a second extension of time for filing the charge sheet was illegal.
• The High Court directed the release of the respondents on certain terms and conditions.

Also in the document

• One of the respondents, Asif Aminul Hussain Khan Adhikari, died on 25.04.2026 during the pendency of the proceedings.
• The High Court held that the embargo under Section 196 of the CrPC and Section 45 of the UAPA is on taking cognizance, not on filing the charge sheet.
• The High Court ruled that no extension of time for filing the charge sheet can be granted on the ground that sanction under Section 45 of the UAPA is pending.