SANJAY KISHAN KAUL,J - (1.) Leave granted.
(2.) The respondents/detenues claimed default bail in view of the failure of the appellant/State to file a charge-sheet within ninety (90) days, under the provisions of Section 43D of The Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as the 'said Act') and also for seeking extension for completion of investigation, for a period of ninety (90) further days, in a manner that did not meet with the requirements of the proviso to sub-section (2)(b) of Section 43D of the said Act. The latter has become an issue of contention inasmuch as it has been argued that the endeavour of the State Government cannot be said to indicate the submission of a 'report of the Public Prosecutor', specifying reasons for detention beyond the period of ninety (90) days.
(3.) An F.I.R. was lodged by one Tushar Ramesh Damgude on 8.1.2018 at Vishrambaug Police Station, Pune under Sections 153-A, 505(1)(b), 117, and 34 of the Indian Penal Code, 1860, seeking to report an incident that occurred at Shaniwarwada, Pune on 31.12.2017. It has been alleged that between 2:00 p.m. and 10:00 p.m., on 31.12.2017, at Shaniwarwada, Pune, members of the 'Kabir Kala Manch', under the head 'Bhima Koregaon Shouryadin Prerna Abhiyan', held a meeting of the Elgar Parishad, where active members of CPI (Maoist) supposedly raised inflammatory slogans and engaged in certain other allied activities, with the intention to conspire, incite and abet the commission of terrorist acts and other unlawful activities by using violent means, thus, promoting enmity between different groups, which ultimately culminated in the break-out of violent riots on 1.1.2018, at a place popularly known as Bhima Koregaon, where a large population of people was said to have gathered to celebrate the 200th anniversary of the battle at Bhima Koregaon. In the process of investigation, the police alleged that the accused persons, along with other accused are active members of the banned organisation, CPI (Maoist), and that it was under the connivance, guidance and directions of this banned organisation that the event of the nature, as occurred on 31.12.2017, was organised through a frontal organisation going by the name of 'Kabir Kala Manch'. In the search and seizure operations conducted, respondents were found to be in possession of Naxalite literature, pamphlets, letters, correspondence, audio-video electronic devices and other material, which were alleged to be used for inciting people, to create violence and cause public disorder. Some of the respondents were also stated to be financiers of the illegal activity and it was also alleged that students from an eminent educational institution were taken to the forest area, occupied by Maoist Guerrilla, to meet underground Naxalites and indoctrinate and train them. The entire endeavour was alleged to be an attempt to create an atmosphere that would motivate minority groups against the Union of India and the State of Maharashtra and create public disorder, aimed at vilifying the sovereignty, security and integrity of the nation and striking terror in the heart of peaceful citizens. It is in pursuance of such investigation and material found that offences under Section 120B of the IPC along with Sections 13, 16, 17, 18, 18B, 20, 38, 39 and 40 of the said Act came to be added to the charges.;