Construction of bail provisions under similar
legislations
15. Before we examine the provision relating to bail under UAPA, it would
benefit if we briefly examine ... under the UAPA. Instead, Section 43-D(5) of UAPA merely provides
another possible ground for the competent Court to refuse bail, in
addition
Maharashtra (Criminal Bail Application No.488 of 2018), decided on
25th February 2019, this Court had granted bail in UAPA case
applying the aforesaid principle ... offences under UAPA Act . Hence, provisions
of UAPA Act were invoked. Several accused were arrested. Some of
them had preferred application for bail before Special
bail
application filed by the Appellant is not maintainable and secondly, that the
bail cannot be granted under Section 43D(5) of the UAPA solely ... interim bail application filed by the Appellant,
learned SPP for the Respondent Agency contended that any bail application
pertaining to the offences under UAPA shall
bail as the consideration for framing
the charge is different from the one required for grant
of bail. At the stage of consideration of bail ... conventional idea in bail jurisprudence - bail is the rule
and jail is the exception - does not find any place in UAPA. It further
observed that
Section 13 of UAPA. It is contended that Sections 38
and 39 of UAPA falls under Chapter VI of UAPA and, therefore, the
statutory ... conventional idea in bail jurisprudence - bail is the rule and jail is the
exception - does not find any place in UAPA. It further observed that
released on bail. Bail application has to be adjudicated
while taking into consideration various other aspects of the case and bail
can still be denied ... conventional idea
in bail jurisprudence - bail is the rule and jail is the exception - does not
find any place in UAPA. It further observed that
UAPA Act
and, therefore, the rigours of Section 43-D of UAPA Act are triggered. The
appellant will not be entitled to bail ... UAPA Act and, therefore,
saved from the rigours of section 43-D of UAPA Act in the matter of grant of
bail to the person
other coaccused who had been enlarged on bail or acquitted. Save for
the impugned order, bail was declined to the respondent, observing
that prima ... under the
UAPA. Instead, Section 43D (5) of UAPA merely provides another
possible ground for the competent Court to refuse bail, in addition
making out a prima facie case under the provisions
of UAPA Act , statutory bail be denied to them in the instant case.
Mr. Bhattacharyya, learned ... wherein the Apex Court extended the privilege of statutory bail
to an accused under UAPA Act irrespective of the satisfaction of the
court as required
appellant-original accused No. 3 for enlarging him on bail,
whereby the said application for bail came to be rejected.
Vishal Parekar ... under the UAPA. Instead, section 43-D(5) of UAPA
merely provides another possible ground for the
competent Court to refuse bail, in addition
