The Supreme Court on Wednesday cancelled the bail granted to a man with alleged links to extremist Khalistani organisations..A bench of Justices Vikram Nath and Rajesh Bindal also stated that the Delhi High Court should not have taken the matter "so lightly" considering the fact that the accused stands booked for offences under the Unlawful Activities Prevention Act (UAPA) as well as the Arms Act. "One more aspect to be considered is the nature of offence which involved terrorist activities having not only Pan India impact but also impact on other enemy States. The matter should not have been taken so lightly," the top court stated..The Delhi High Court had in February 2021 granted bail to Raj Kumar alias Lovepreet who was arrested on June 18, 2020.This led to the appeal before the top court.The accused had spent a total of 150 days in custody at the time of filing the petition before the High Court.The High Court granted him default bail on account of a delay in filing of the chargesheet against him in the case.Further, it was held that the extension of the investigation period to the investigating agency was not granted on valid and cogent grounds..However, the apex court held that as per Section 43 D(2)(b) of the UAPA, the extension for investigation could be granted up to a maximum period of 180 days. The same was sought by the police in the instant case for want of remaining sanctions and forensic reports at the time, it noted."The High Court also failed to consider that after completing the investigation, Police report under section 173(2) CrPC had already been submitted prior to 30.11.2020 which was the last date of the extended period," the Supreme Court observed..The appeal was, therefore, allowed, and the accused was directed to be taken into custody..Additional Solicitor General SV Raju and advocates Mukesh Kumar Maroria, Sairica Raju, Ashutosh Ghade, and Guntur Pramod Kumar represented the Delhi Police.Advocate Supriya Juneja appeared for the UAPA accused..[Read Judgment]
The Supreme Court on Wednesday cancelled the bail granted to a man with alleged links to extremist Khalistani organisations..A bench of Justices Vikram Nath and Rajesh Bindal also stated that the Delhi High Court should not have taken the matter "so lightly" considering the fact that the accused stands booked for offences under the Unlawful Activities Prevention Act (UAPA) as well as the Arms Act. "One more aspect to be considered is the nature of offence which involved terrorist activities having not only Pan India impact but also impact on other enemy States. The matter should not have been taken so lightly," the top court stated..The Delhi High Court had in February 2021 granted bail to Raj Kumar alias Lovepreet who was arrested on June 18, 2020.This led to the appeal before the top court.The accused had spent a total of 150 days in custody at the time of filing the petition before the High Court.The High Court granted him default bail on account of a delay in filing of the chargesheet against him in the case.Further, it was held that the extension of the investigation period to the investigating agency was not granted on valid and cogent grounds..However, the apex court held that as per Section 43 D(2)(b) of the UAPA, the extension for investigation could be granted up to a maximum period of 180 days. The same was sought by the police in the instant case for want of remaining sanctions and forensic reports at the time, it noted."The High Court also failed to consider that after completing the investigation, Police report under section 173(2) CrPC had already been submitted prior to 30.11.2020 which was the last date of the extended period," the Supreme Court observed..The appeal was, therefore, allowed, and the accused was directed to be taken into custody..Additional Solicitor General SV Raju and advocates Mukesh Kumar Maroria, Sairica Raju, Ashutosh Ghade, and Guntur Pramod Kumar represented the Delhi Police.Advocate Supriya Juneja appeared for the UAPA accused..[Read Judgment]
