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TMI Blog2021 (3) TMI 1301X X X X Extracts X X X X X X X X Extracts X X X X ..... cial courts in existence. Charge sheet/supplementary charge sheet under the UAPA Act was not filed even within 180 days giving cause to the Appellant to file the application for default bail on 03.10.2017, two days thereafter on 05.10.2017 after a lapse of 211 days that this charge sheet had been filed - HELD THAT:- The State cannot take advantage of the fact that in one case there is one charge sheet and supplementary charge sheets are used to extend the time period in this manner by seeking to file the supplementary charge sheet qua the offences under the UAPA Act even beyond the period specified Under Section 167 of the Code of Criminal Procedure beyond which default bail will be admissible, i.e., the period of 180 days. That period havi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... charge sheet on 04.09.2017 under the aforesaid provisions, except under the UAPA Act as it was mandatory to obtain prosecution sanction from the State Government which had not been forthcoming till the date of filing of the charge sheet. Thus, the charge sheet states as under: "That the accused are in Judicial Custody and the remand period of the accused Fakhrey Alam is completing today. Therefore, the Charge Sheet Under Section 420/467/468/471/120-B Indian Penal Code and Section 3/25/30 Arms Act is being filed before this Hon'ble Court against the accused persons. It is requested to summon the witnesses and commences the Trial of the Case. A separate Charge Sheet shall be Under Section 18 UA(P) Act shall be filed against obtain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before us that even within the 180 days period, the charge sheet/supplementary charge sheet under the UAPA Act was not filed which gave a cause to the Appellant to file the application for default bail on 03.10.2017 and it is only two days thereafter on 05.10.2017 after a lapse of 211 days that this charge sheet had been filed. 6. On the other hand, learned Counsel for the State submits that the judgment of this Court in Bikramjit Singh's case (supra) was in the given situation prevalent in the State of Punjab, but on the other hand in State of Uttar Pradesh the competent Court was of the special Chief Judicial Magistrate and it is only recently now about a month back that special Courts had been notified. 7. On the second aspect, it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under the UAPA Act, but post filing of the application for default bail, it was filed after 211 days. Thus, undoubtedly the period of 180 days to file the charge sheet qua UAPA Act had elapsed. We do not think that the State can take advantage of the fact that in one case there is one charge sheet and supplementary charge sheets are used to extend the time period in this manner by seeking to file the supplementary charge sheet qua the offences under the UAPA Act even beyond the period specified Under Section 167 of the Code of Criminal Procedure beyond which default bail will be admissible, i.e., the period of 180 days. That period having expired and the charge sheet not having been filed qua those offences (albeit a supplementary charge sh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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