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Supreme Court Of India

(From : 2001 (1) Bom CR 354)

Hon'ble Judge(s): G. B. Patnaik, U. C. Banerjee, B. N. Agrawal , JJJ

Criminal P.C. (2 of 1974) , S.167(2) Proviso(a)— Constitution of India , Art.21— Indefeasible right to be released on bail - Charge-sheet not filed within period of 60 days - Accused filed application for being released on bail and offers to furnish bail - Accused can be said to have availed of indefeasible right for being released on bail - Shall be released on bail - Application for bail, however, erroneously rejected by Magistrate - Accused approached higher forum - Subsequent filing of charge-sheet in meantime - Does not extinguish accrued right of accused to be released on bail. @page-SC19112001 (1) Bom CR 354, Reversed.State of M.P. v. Rustam, 1995 Suppl (3) SCC 221, Overruled. Majority view (per Pattanaik and Banerjee, JJ. (Agrawal, J. contra) :- Where after expiry of period of 60 days for filing challan the accused filed an application for being released on bail and was prepared to offer and furnish bail, however, the Magistrate rejects application on erroneous interpretation about non-application of S. 167(2) to case pertaining to MPID Act of 1999 and accused approaches higher forum and in meanwhile charge-sheet is filed, the indefeasible right of accused of being released on bail does not get extinguished by subsequent filing of charge-sheet. The accused can be said have availed of has right to be released on bail on date he filed ap....