BIKRAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave granted.

(2.) In an F.I.R dated 18.11.2018, involving Sections 302, 307, 452, 427, 341, 34 of the Indian Penal Code read with Section 25 of the Arms Act, 1959, Sections 3, 4, 5, 6 of the Explosive Substances Act, 1908 and Section 13 of the Unlawful Activities (Prevention) Act, 1967, it was stated as follows:

(3.) Pursuant to this F.I.R, the Punjab State Police apprehended the Appellant, one Bikramjit Singh, aged 26 years, on 22.11.2018, on which date he was remanded to custody by the learned Sub-Divisional Magistrate. After 90 days in custody, which expired on 21.02.2019, an application for default bail was made to the Sub-Divisional Judicial Magistrate, Ajnala. This application was dismissed on 25.02.2019 onthe ground that the learned Sub-Divisional Judicial Magistrate had, by an order dated 13.02.2019, already extended time from 90 days to 180 days under Section 167 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") as amended by the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as "UAPA") -See Section 43-D(2). However, this Order was challenged by way of a revision petition by the Appellant and his co-accused, which revision succeeded by an order dated 25.03.2019, by which the learned Additional Sessions Judge being the Special Court set up under the National Investigation Agency Act, 2008 (hereinafter referred to as the "NIA Act") held as follows: