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Aakif Ateeque Nachan vs. N.I.A., New Delhi

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Code of Criminal Procedure, 1973–Sec. 167(2)–Unlawful Activities (Prevention) Act, 1967–Sec. 43-D(2)(b)–Period of investigation was extended up to 180 days before expiry of 90 days–Prayer for grant of bail was rejected on this ground–Justification–Valuable rights of the appellants to be released on mandatory bail have been decided finally by the order–Therefore, the order is in nature of intermediary and not simple interlocutory order–Due to not allowing an opportunity of notice and hearing to the accused-appellants at the time of extension of period for completion of investigation or extension of remand of the appellants, his constitutional rights to have fair opportunity to defend was taken away–pendency of another criminal case and seriousness of the allegation cannot be a ground to complete the investigation within the statutory period–Default bail deserves to be granted.