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Synopsis

The Bombay High Court has granted default bail to two persons who were allegedly members of the banned organization Popular Front of India (PFI).

The division bench of the high court, comprising Justice Revati Mohite Dere and Justice Gauri Godse, was hearing a bail application filed by two persons who were arrested by the Anti-Terrorism Squad (ATS) for their alleged links with PFI.

Momin Moiuddin Gulam Hasan and Asif Aminul Hussain Khan Adhikari had earlier approached the special court, which rejected their application, prompting them to approach the high court.

The two applicants sought default bail as the agency failed to file the chargesheet within the time prescribed by law.

The applicants were booked under Section 121A (waging war or attempting or abetting waging of war against the Government of India), 120B (criminal conspiracy), 153 A (promoting enmity and doing acts prejudicial to maintenance of harmony) and section 13 (1) (b) (advocates, abets, advises or incites the commission of, any unlawful activity) of the UAPA.

Initially, the agency had sought an additional 90 days to file the chargesheet, claiming that the evidence was destroyed and that 600GB of data needed to be retrieved.

However, the special court granted only 30 additional days to the agency to file the chargesheet.

Subsequently, the special court again granted an extension of 15 days to the agency to seek sanction for prosecution.