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State of NCT of Delhi vs. Raj Kumar @ Lovepreet @ Lovely

Not available · 2024 INSC 11Decided 3 Jan 2024
Not available

Background

The respondent was arrested in June 2020 in an FIR alleging offences under the Unlawful Activities (Prevention) Act, the Indian Penal Code, and the Arms Act, over an alleged plan to travel to Pakistan for weapons training with Pakistan-linked contacts. When the initial 90-day investigation period was extended, the Delhi High Court later held the extension invalid and granted the respondent default bail. The State of NCT of Delhi appealed.

Decision Breakdown

The Supreme Court found that the extension application had, in fact, properly explained the reasons for delay (some sanctions under UAPA had already been obtained while others, along with an FSL report, were still awaited) meeting the requirements of Section 43D(2)(b) of UAPA. It held the High Court erred in finding no valid basis for the extension, and further noted the police had already filed its chargesheet before the extended period expired. The Court allowed the State's appeal, set aside the High Court's order granting default bail, and directed the respondent be taken back into custody.

Lesson Learnt

In serious terrorism-related (UAPA) cases, default bail cannot be claimed if the investigating agency validly sought and justified an extension of the investigation period and filed its chargesheet within that extended time. Courts must scrutinize such extension requests carefully rather than reading them narrowly.

Official source (sci.gov.in)View Judgment (PDF)

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