Supreme Court of India · 2019-02-13
The State Of Maharashtra vs Surendra Pundlik Gadling
- Citation / case number
- AIR 2019 SUPREME COURT 975
- Court
- Supreme Court of India
- Petitioner
- The State Of Maharashtra
- Respondent
- Surendra Pundlik Gadling
- Author
- Sanjay Kishan Kaul
- Bench
- Sanjay Kishan Kaul, L. Nageswara Rao, Ranjan Gogoi
Judgment text excerpt
The Supreme Court ruled that the respondents were entitled to default bail under Section 43D of The Unlawful Activities (Prevention) Act, 1967 due to the State's failure to file a charge-sheet within the mandated ninety days. The Court emphasized that the extension of custody beyond this period requires a report from the Public Prosecutor specifying reasons, which was not adequately provided. Consequently, the Court granted bail to the respondents, reinforcing the procedural safeguards under the Act.