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State Of Madhya Pradesh vs Sadique And Ors

Supreme Court Of India|15 March, 2022
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JUDGMENT / ORDER

Summary

Issue: Extension of time to complete investigation
Rule: Section 43D(b) of the Unlawful Activities (Prevention) Act (UAPA)
Application: The respondents (Sadiique and others) were seeking default bail and the State of Madhya Pradesh opposed the default bail, contending that the respondents had not exhausted their remedies by approaching the court for extension of time to complete the investigation.
Conclusion: The court held that only the court as specified in the proviso in Section 43D(b) of the UAPA was competent to consider requests for extension of time to complete the investigation, and the respondents were entitled to default bail as prayed for since the Magistrate was not competent to consider the request for extension of time.
IN THE SUPREME COURT OF INDIA INHERENT JURISDICTION REVIEW PETITION (CRIMINAL)NO. OF 2022 (Arising out of Diary No. 1930 of 2022) IN CRIMINAL APPEAL NO. 963 OF 2021 STATE OF MADHYA PRADESH …Petitioner Versus SADIQUE AND ORS. …Respondents O R D E R Delay in preferring Review Petition is condoned.
Application for listing Review Petition in open Court is rejected.
Relying upon the decision in Bikramjit Singh vs. State of Punjab1, it was observed by this Court:-
SIGN “Consequently, insofar as “Extension of time to complete investigation” is concerned, the Magistrate would not be competent to consider the request and the only competent authority to consider such request would be “the Court” as specified in the proviso in Section 43-D(b) of the UAPA.
In view of the law laid down by this Court, we accept the plea raised by the appellants and hold them entitled to the relief of default bail as prayed for.”
1 (2020) 10 SCC 616 The grounds taken in the Review Petition do not make out any error apparent on record to justify interference.
This Review Petition is, therefore, dismissed.
… J.
[Uday Umesh Lalit] … J.
[S. Ravindra Bhat] New Delhi; March 15, 2022.
… J.
[Bela M. Trivedi]
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Title

State Of Madhya Pradesh vs Sadique And Ors

Court

Supreme Court Of India

JudgmentDate
15 March, 2022
Judges
  • Uday Umesh Lalit
  • S Ravindra Bhat
  • Bela M Trivedi