Case Note & Summary
The case involved an appeal by Fakhrey Alam against the State of Uttar Pradesh concerning the entitlement to default bail under the UAPA Act and the Code of Criminal Procedure, 1973. An FIR was registered against the appellant under multiple sections of the IPC and the UAPA Act, leading to his arrest on 08.03.2017. The Chief Judicial Magistrate granted 180 days for filing the charge sheet, which was filed on 04.09.2017, but did not include charges under the UAPA Act due to the lack of prosecution sanction. A second charge sheet was filed on 05.10.2017 after obtaining the necessary sanction. The appellant filed for default bail on 03.10.2017, arguing that the charge sheet had not been filed within the required time frame. The Chief Judicial Magistrate denied the bail, stating that the second charge sheet was a supplementary charge sheet. The High Court upheld this decision. The appellant contended that the initial 180-day period granted was improper as the jurisdiction for UAPA cases lay with special courts, which were not in place at the time. The State argued that the second charge sheet was valid as a supplementary charge sheet. The Supreme Court analyzed the situation, noting that the charge sheet under the UAPA Act was filed after the 180-day period had elapsed, thus entitling the appellant to default bail. The court reiterated that default bail is a fundamental right and not merely a statutory right, emphasizing the importance of adhering to the time limits set by law. The appeal was allowed, granting the appellant default bail on terms set by the trial court.
Headnote
A) Criminal Procedure - Default Bail - Entitlement to Default Bail - Code of Criminal Procedure, 1973, Section 167(2) - The appellant was entitled to default bail as the charge sheet under the UAPA Act was not filed within the stipulated 180 days, thus fulfilling the conditions for default bail. The court emphasized that default bail is a fundamental right under Article 21 of the Constitution. (Paras 5-6).
Issue of Consideration
Whether the appellant was entitled to default bail under Section 167(2) of the Code of Criminal Procedure, 1973 due to the delay in filing the charge sheet under the UAPA Act.
Final Decision
The Supreme Court allowed the appeal, granting the appellant default bail under Section 167(2) of the Cr.P.C. due to the failure to file the charge sheet under the UAPA Act within the required time frame.
Law Points
- Default bail
- Section 167(2) Cr.P.C.
- UAPA Act
- fundamental right to bail
- supplementary charge sheet
