SUPREME COURT DISMISSES PLEA TO GIVE PREFERENCE TO DEFAULT BAIL APPLICATION FILED ON SAME DAY AS APPLICATION TO EXTEND TIME FOR INVESTIGATION

The Trial Court decided both the applications filed together and has allowed the application of National Investigation Agency, NIA while dismissing the application of accused person's. The accused challenged the Karnataka High Court order, wherein the court argued that the trial court should have informed him of his right to apply for bail.

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The Supreme Court in the case Mohammed Jabir Versus National Investigation Agency observed and has dismissed a special leave petition, wherein the accused person had challenged the Karnataka High Court order's denying him statutory bail under the Unlawful Activities (Prevention) Act, 1967, UAPA.

The Karnataka High Court in its order affirmed the decision of Trial Court to give precedence to the investigation agency's application for extension of time to investigate over the accused's application filed seeking default bail when both applications were filed on the same day.

In the SLP, the issue raised before the court was that whether the default bail application filed under section 167(2) of the Code of Criminal Procedure, CrPC could take precedence over an application for an extension of time to file a chargesheet under Section 43D(2) of Unlawful Activities (Prevention) Act, 1967, UAPA and if both are filed on same day.

The counsel, Senior Advocate Dr. Aditya Sondhi appearing for the accused argued before the court that it was the duty of the Court to inform the accused person of his right to default bail on the 90th day on which the investigation agency was supposed to complete the investigation.