VidhiSangh

Supreme Court of India · 03/01/2024

STATE OF NCT OF DELHI versus RAJ KUMAR @ LOVEPREET @LOVELY

[2024] 1 S.C.R. 73 · 2024 INSC 11

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Summary

The Supreme Court set aside default bail in a UAPA prosecution because the investigation period had validly been extended before expiry and the police report was filed within the extended time. The Public Prosecutor had explained investigative progress, outstanding sanctions and forensic results, and reasons for continued detention; the High Court overlooked that material.

Issues

  1. Whether the further extension under Section 43D(2)(b) UAPA was supported by the required report and reasons.
  2. Whether the accused acquired a right to default bail despite that extension and filing of the police report within it.

Provisions considered

Held

Result

State appeal allowed. The High Court order granting default bail was set aside, and the respondent was directed to be taken into custody forthwith if not already in custody.

Judgment PDF: Supreme Court of India, [2024] 1 S.C.R. 73.