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We are concerned with the order passed by the Chief Judicial Magistrate, Lucknow dated 13.10.2017 on an application filed by the appellant on 03.10.2017 for default bail under Section 167 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Cr.P.C.”) two days prior to the charge sheet having been filed under the UAPA Act. The case set up by the appellant was that the charge sheet had been filed after 180 days and thus he was entitled to default bail. The Court, however, opined that what was stated to be a second charge sheet was really a supplementary charge sheet and thus default bail would not be admissible. The aforesaid view was given its imprimatur by the High Court in terms of the impugned order dated 03.11.2020 which has been assailed before us.

Learned senior counsel for the appellant has made a dual submissions before us:

Firstly, it is his submission that the Chief Judicial Magistrate, Lucknow on 03.06.2017 could not have granted 180 days for filing of the charge sheet as the jurisdiction in respect of offences under the UAPA Act, which cases are entrusted to NIA, vests only with the special courts and this aspect was no more res integra in view of judgment of this Court in the case of Bikramjit Singh vs. State of Punjab.1 Secondly, it was urged before us that even within the 180 days period, the charge sheet/supplementary charge sheet under the UAPA Act was not filed which gave a cause to the appellant to file the application for default bail on 03.10.2017 and it is only two days thereafter on 05.10.2017 after a lapse of 211 days that this charge sheet had been filed.

On the second aspect, it is urged that what is called as the second charge sheet is really a supplementary charge sheet as there is no restriction on the number of supplementary charge sheets which can be filed but there will be only one charge sheet in view of 1 (2020) 10 SCC 616 judgment of this Court in the case of Vinay Tyagi vs. Irshad Ali @ Deepak & Ors.2 We have examined the aforesaid pleas. Insofar as the first aspect is concerned, suffice to say that the situation in the State of Uttar Pradesh is different and it is not as if there were any notified special courts in existence.

If we look at the scenario in the present case in that conspectus, the charge sheet under the provisions of law as originally filed on 04.09.2017 were required to be filed within 90 days but was actually filed within 180 days. This was on the premise of the charge under Section 18 of the UAPA Act. However, no charge sheet was filed even within 180 days under the UAPA Act, but post filing of the application for default bail, it was filed after 2 (2013) 5 SCC 762 211 days. Thus, undoubtedly the period of 180 days to file the charge sheet qua UAPA Act had elapsed. We do not think that the State can take advantage of the fact that in one case there is one charge sheet and supplementary charge sheets are used to extend the time period in this manner by seeking to file the supplementary charge sheet qua the offences under the UAPA Act even beyond the period specified under Section 167 of the Cr.P.C beyond which default bail will be admissible, i.e, the period of 180 days. That period having expired and the charge sheet not having been filed qua those offences (albeit a supplementary charge sheet), we are of the view the appellant would be entitled to default bail in the aforesaid facts and circumstances.