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State of Madhya Pradesh Vs. Sadique [15/03/2022]

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State of Madhya Pradesh Vs. Sadique and Ors.

[Review Petition (Criminal) No. of 2022 arising out of Diary No. 1930 of 2022 in Criminal Appeal No. 963 of 2021]

Delay in preferring Review Petition is condoned.

Application for listing Review Petition in open Court is rejected.

Relying upon the decision in Bikramjit Singh vs. State of Punjab1, it was observed by this Court:-

“Consequently, insofar as “Extension of time to complete investigation” is concerned, the Magistrate would not be

competent to consider the request and the only competent authority to consider such request would be “the Court” as specified in the proviso in Section 43-D(b) of the UAPA.

In view of the law laid down by this Court, we accept the plea raised by the appellants and hold them entitled to the relief of

default bail as prayed for.”

The grounds taken in the Review Petition do not make out any error apparent on record to justify interference.

This Review Petition is, therefore, dismissed.

…………………………………J. [Uday Umesh Lalit]

…………………………………J. [S. Ravindra Bhat]

…………………………………J. [Bela M. Trivedi]

New Delhi;

March 15, 2022.

1 (2020) 10 SCC 616

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