J&K High Court: Custody in One Case Cannot Be Counted for the Purpose of Another Case

Must Read

Delhi HC: Mens Rea Essential Before Passing an Order U/S 14b of EPF Act

  In the matter of M/s Durable Doors and Windows v APFC, Gurugram, the bench allowed the Petitioner's appeal holding...

Delhi HC: Language of Statement and Testimony of Complainant Need Not Be Identical

A single-judge bench of J. Vibhu Bakhru of the Delhi High Court upheld the accused's conviction in Kailash @...

COVID Results Shall Be Conveyed To the Person Within 24 Hours: Delhi High Court

The order has come in a writ petition moved by Rakesh Malhotra. The Petitioner herein seeks to ramp up...

Delhi High Court Sets Aside the Order of the Trial Court in the Chief Secretary Assault Case

In the case of Mr. Arvind Kejriwal & Anr. V. State NCT of Delhi, Mr.Justice Suresh Kumar Kait has...

Delhi High Court Temporarily Restrains Vintage Moments’ Alcohol Sale in Case of Trademark Infringement

The manufacturers of the Alcohol Brand Magic Moments had filed a suit. The Delhi High Court has passed an...

NGT Red-Flags Kaleshwaram Project: Green Clearance Violated the Law, Halt Work

Excerpt The National Green Tribunal (NGT), Principal Bench, dated 20th October 2020, directed the Telangana government to stop all work,...

Follow us

On 9th September 2020, Justice Ali Mohammad Magrey and Justice Sanjay Dhar heard the case of Mohammad Amin Illahie and others vs. Union Territory of J&K, via video-conferencing. The Court rejected the bail application as the appellants did not undergo their custody of 180 days. 

Facts of the case

On 8th March 2019, the appellants were taken into custody in connection with FIR No.229/2017. This FIR was filed for offences under Sections 302 and 307 of RPC, Section 7 and 27 of Arms Act. On 2nd September 2019, the custody of the appellants was changed to FIR No.69/2018. At that time, the appellants had completed their custody of 177 days in connection to FIR No.229/2017. On 16th September 2019, the appellants were admitted to bail in connection to FIR No.69/2018. Despite this, they were not released from the custody nor was their custody shifted to FIR No.229/2017. The Court of learned Special Judge refused to grant bail to the appellants. Therefore, the appellants filed this appeal under Section 21 (3) of the National Investigation Agency Act.

Arguments of the Appellants

The learned counsel for the appellants argued that mere shifting of custody of the appellants from one case to another and detaining them under preventive detention laws, would not absolve the Investigating Agency of its duty to produce challan within 180 days of the arrest of the appellants. Therefore, default bail is sought by the appellants.

Court’s Analysis

The learned counsel for the appellants has not argued on merits of the prosecution case against the appellants. Therefore, the Court confines this judgment to the aspect of the default bail only.

The SC in the case of State of West Bengal vs. Dinesh Dalmia held that for separate offences accused has to be tried separately. For the same, the proceedings will be initiated separately and independent remand can be sought. Therefore, it becomes clear that the period of custody undergone by the appellants in FIR No.69/2018 cannot be added to the period of custody which they have undergone in FIR No.229/2017. The appellants did not undergo custody of 180 days in FIR No.229/2017. Thus, their right to claim default bail in terms of Proviso (a) to Section 167(2) of the Code of Criminal Procedure read with Section 43D of Unlawful Activities (Prevention) Act has not accrued to them. Hence, the Special Judge was not at fault in refusing bail to the appellants.

Court’s Decision

The Court dismissed the bail application as it lacked merit. However, the appellants are at liberty to approach the learned Special Judge to claim bail on merits of the case


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgments from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Delhi HC: Mens Rea Essential Before Passing an Order U/S 14b of EPF Act

  In the matter of M/s Durable Doors and Windows v APFC, Gurugram, the bench allowed the Petitioner's appeal holding that mens rea is an...

Delhi HC: Language of Statement and Testimony of Complainant Need Not Be Identical

A single-judge bench of J. Vibhu Bakhru of the Delhi High Court upheld the accused's conviction in Kailash @ Balli v State. The bench...

COVID Results Shall Be Conveyed To the Person Within 24 Hours: Delhi High Court

The order has come in a writ petition moved by Rakesh Malhotra. The Petitioner herein seeks to ramp up testing facilities in Delhi.   Facts of...

Delhi High Court Sets Aside the Order of the Trial Court in the Chief Secretary Assault Case

In the case of Mr. Arvind Kejriwal & Anr. V. State NCT of Delhi, Mr.Justice Suresh Kumar Kait has set aside the 24.07.2019 Order...

Delhi High Court Temporarily Restrains Vintage Moments’ Alcohol Sale in Case of Trademark Infringement

The manufacturers of the Alcohol Brand Magic Moments had filed a suit. The Delhi High Court has passed an order restraining the manufacturing, marketing,...

NGT Red-Flags Kaleshwaram Project: Green Clearance Violated the Law, Halt Work

Excerpt The National Green Tribunal (NGT), Principal Bench, dated 20th October 2020, directed the Telangana government to stop all work, except the drinking water component...

There Can Be No Leniency Shown To Appellant Who Pleaded To Reduce Sentence: Delhi High Court

Facts On 25.2.2016 the victim’s sister who was 13 years old was present with her sister who was 2 years old (victim) at their home....

Violation of Executive Instructions Cannot Be Sole Ground to Invalidate Transfer Orders: Tripura High Court

In Dr Bithika Choudhury vs the State of Tripura & Ors., a Division Bench consisting of Hon’ble Justice S. Talapatra and Hon’ble Justice S.G. Chattopadhyay...

Case Regarding Anticipatory Bail, Applicant May Be Released Imposing Suitable Conditions: Gujarat High Court

A Single-Judge Bench of Gujarat High Court consisting of Honourable Dr Justice A.P. Thakur had been hearing submissions of the Applicant to release him...

Proof of Infliction of Fatal Injury Not Mandatory for Conviction Under Section 307, IPC: Tripura High Court

In the case of Mamin Miah vs the State of Tripura, a Division Bench consisting of Hon’ble Justice S. Talapatra and Hon’ble Justice S....

More Articles Like This

- Advertisement -