Default Bail and Investigation Extensions Under Section 43D of the UAPA

sketch of the Supreme Court of India
Case
THE STATE OF MAHARASHTRA v. MOMIN MOIUDDIN GULAM HASAN @ MOIN MISTRI (Supreme Court of India, 21-09-2026)
Law
Code of Criminal Procedure, Indian Penal Code, Unlawful Activities (Prevention) Act.

Highlights of the Judgment:

  • Detailed examination of the statutory interplay between Section 167(2) of the Code of Criminal Procedure and Section 43D of the Unlawful Activities (Prevention) Act regarding charge sheet extensions.
  • Analysis of whether pending forensic data analysis and prosecution sanction constitute valid grounds for extending investigation time limits.
  • Judicial interpretation of ambiguous statements in extension applications regarding the true completion status of an ongoing police investigation.
  • Reiteration of principles governing the indefeasible right to default bail and the non-interference of courts in police investigative discretion.