[REWORK LEDE] Delhi High Court grants bail to UAPA accused due to unexplained delay in filing Supplementary Chargesheets

A Division Bench of Justice Mukta Gupta and Justice Poonam A. Bamba of the Delhi High Court while disposing of the petition observed that an unexplained delay in filing supplementary chargesheets. The accused had been in custody for over six years and that despite directions of the court to conclude trial within one year, only a few further witnesses had been examined and 18 witnesses were still to be examined. Further the 12 witnesses already examined were required to be recalled for cross-examination by the other two accused.

“The court also considered the fact that the main conspirators were never arrested and also no chargesheet was filed against them. Further considering the fact that the main accused have neither been arrested, nor-charge-sheeted, nor charge under Section 15 (1)(a)(ii a) UAPA framed against them and the period of custody undergone, there have been unexplained delays in filing the supplementary charge-sheets, we are of the considered view that rigors of Section 4(D)(5) will not come in the way of the petitioners being entitled to bail,” the court observed.

The Prosecution contended that both the accused were part of a syndicate operating from Patiala jail in conspiracy with three other men namely Manga Singh, Baljinder Singh and Vishnu. It was alleged that the petitioners indulged in trading, supplying and buying of fake currency notes of high quality.

It was submitted on behalf of the petitioners that a supplementary chargesheet was filed against Manga Singh and Baljinder Singh only on April 22 last year without arresting them and that the 16 witnesses already examined in the matter will have to be recalled for cross-examination. It was thus argued that the trial would take a long time to conclude.

According to the prosecution, FIR was registered after an interception was carried out of the mobile phone of Manga Singh who was in custody in jail. The two petitioners were apprehended at Delhi’s Anand Vihar Metro Station and on the basis of the interception a recovery of ₹1 and ₹2 lakhs fake currency notes was made from them.

The Court while granting regular bail to the petitioners noted that though the supplementary chargesheet filed qua Baljinder and Manga was prepared on November 21, 2019, it was filed before concerned court only on April 28 last year. The bench said that the investigating agency caused “further gross delay” in not only investigating their role but also in filing of the supplementary chargesheet and the continued detention of the petitioners. The court directed the petitioners to be released on bail with certain terms and conditions.

Case Title: Moti Lal Basak vs. State of NCT of Delhi