Citation: State of Maharashtra v. Momin Moiuddin Gulam Hasan ( 2026 INSC 1021)
Whether two terror suspects arrested under anti-terror laws should be freed on “default bail” because the police took extra time to finish their investigation. The Supreme Court ruled that the police are allowed proper extra time to analyze digital evidence and build their case, meaning the suspects were not legally entitled to default bail yet, and ordered them to surrender back to custody.
In September 2022, the Maharashtra Anti-Terrorism Squad (ATS) arrested several individuals, including the respondents, under the Indian Penal Code and the Unlawful Activities (Prevention) Act (UAPA) for alleged anti-national activities and conspiring against the government. While the standard period to file a chargesheet is 90 days, the special court granted the police extra time extensions up to 180 days under the UAPA to analyze seized electronic devices (like phones and laptops) and await forensic and sanction reports.
On January 18, 2023, the special court granted a final 15-day extension, prompting the accused to file for “default bail”, claiming the investigation was already complete and the extension was invalid. Although the Bombay High Court agreed with the accused and granted them default bail, the Supreme Court overturned that decision, ruling that the police’s ongoing analysis of digital data meant the investigation wasn’t finished yet, and ordered the accused to surrender back to custody.
