Case Note & Summary
The appellant, Gautam P. Navlakha, was arrested on 14.04.2020 in connection with FIR No. RC 01/2020/NIA/Mum registered by the National Investigating Agency (NIA) under various sections of the Indian Penal Code, Unlawful Activities (Prevention) Act, 1967, and other laws. He was produced before the court on the same day and remanded to custody. The investigation was not completed within 90 days from the date of first remand, and the chargesheet was filed on 15.07.2020, which is beyond the statutory period of 90 days. The appellant filed an appeal under Section 21(4) of the National Investigation Agency Act, 2008, challenging the order rejecting his default bail application. The court considered the provisions of Section 167(2) of the Code of Criminal Procedure, 1973, read with Section 21(4) of the NIA Act, 2008, and held that the appellant has an indefeasible right to default bail as the chargesheet was not filed within 90 days. The court also noted that the prosecution did not seek extension of time under Section 43D(2) of the Unlawful Activities (Prevention) Act, 1967. Accordingly, the court allowed the appeal and directed the appellant's release on bail on such terms and conditions as the trial court may impose.
Headnote
A) Criminal Procedure - Default Bail - Section 167(2) CrPC, Section 21(4) NIA Act, 2008 - Right to default bail accrues if investigation not completed within 90 days - The appellant was arrested on 14.04.2020 and the chargesheet was filed on 15.07.2020, which is beyond 90 days - The court held that the right to default bail is an indefeasible right and the appellant is entitled to be released on bail (Paras 1-10). B) Criminal Procedure - Computation of Period - Section 167(2) CrPC - The period of 90 days is to be computed from the date of first remand, not from the date of arrest - The appellant was produced before the court on 14.04.2020 and remanded to custody - The chargesheet filed on 15.07.2020 is beyond 90 days - Held that the appellant is entitled to default bail (Paras 5-8). C) Criminal Procedure - Extension of Time - Section 43D(2) UAPA - The prosecution did not seek extension of time under Section 43D(2) of the Unlawful Activities (Prevention) Act, 1967 - Therefore, the default bail right remains unaffected - Held that the appellant is entitled to default bail (Paras 9-10).
Issue of Consideration
Whether the appellant is entitled to default bail under Section 167(2) of the Code of Criminal Procedure, 1973 read with Section 21(4) of the National Investigation Agency Act, 2008, as the chargesheet was not filed within 90 days from the date of first remand.
Final Decision
Appeal allowed. The appellant is entitled to default bail. He shall be released on bail on such terms and conditions as the trial court may impose.
Law Points
- Default bail under Section 167(2) CrPC read with Section 21(4) NIA Act
- 2008
- Indefeasible right to bail upon expiry of 90 days
- Computation of period for filing chargesheet
- Applicability of Section 43D(2) UAPA for extension of time
