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february 2019

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.

The State Of Maharashtra vs Surendra Pundlik Gadling · Niyam