What is the meaning of "availed of" in the context of an accused's indefeasible right to bail under Section 167(2) of the Cr.P.C.? What are the rights of an accused regarding default bail under Section 167(2) of the Cr.P.C. when a charge sheet is filed after the expiry of the stipulated period? How to determine when an accused is considered to have availed of their indefeasible right to bail under Section 167(2) of the Cr.P.C.?

Key Points: - The indefeasible right of an accused to be released on bail under Section 167(2) of the Cr.P.C. accrues on the expiry of the period for filing the charge sheet if the investigation is not completed. (!) - This right is considered "availed of" by the accused the moment they file an application for bail and offer to furnish bail, even if the court has not yet passed the order or the bail has not been furnished. (!) (!) - If a charge sheet is filed after the accused has availed of their indefeasible right by filing a bail application, the right is not extinguished. (!) (!) - A dissenting opinion argued that "availed of" requires the actual furnishing of bail, not just the filing of an application. (!) (!) - The majority view held that if a Magistrate erroneously refuses a bail application under Section 167(2) and the accused moves a higher forum, the filing of a charge sheet while the matter is pending does not extinguish the accused's right. (!) - The appeal was allowed in accordance with the majority decision, directing the accused to be released on bail. (!) (!) - The majority concluded that the High Court was in error for refusing the accused's right to bail. (!) - The dissenting opinion concluded that the High Court had not committed an error and the appeal should be dismissed. (!) - The case involved an interpretation of Section 167(2) of the Cr.P.C. in relation to offences under the Maharashtra Protection of Interest of Depositors (Financial Establishment) Act, 1999. (!) (!) - The core issue was when an accused is deemed to have "availed of" their indefeasible right to default bail. (!) (!)

What is the meaning of "availed of" in the context of an accused's indefeasible right to bail under Section 167(2) of the Cr.P.C.?

What are the rights of an accused regarding default bail under Section 167(2) of the Cr.P.C. when a charge sheet is filed after the expiry of the stipulated period?

How to determine when an accused is considered to have availed of their indefeasible right to bail under Section 167(2) of the Cr.P.C.?