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2021 Supreme(P&H) 1488

SUDIP AHLUWALIA
Amit Chawla – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr. Bijender Dhankhar, Advocate, for the Appellant; Mr. Anmol Malik, DAG, Haryana., for the Respondent.

JUDGMENT

Sudip Ahluwalia, J. (Oral) - Ld. Counsel for the petitioner has sent up the compendium of judgments in compliance of the previous order. He has relied upon the latest decision of the Apex Court passed in case being Criminal Appeal No. 699 of 2020. decided on 26.10.2020 titled as "M Ravindran Vs. The Intelligence Office. Directorate of Revenue Intelligence ", in which it was concluded by the Hon'ble Apex Court:-

"18. Therefore, in conclusion:

18.1 Once the accused files an application for bail under the Proviso to Section 167(2) he is deemed to have 'availed of or enforced his right to be released on default bail, accruing after expiry of the stipulated time limit for investigation. Thus, if the accused applies for bail under Section 167(2), Cr.P.C, 1973 read with Section 36A (4), NDPS Act upon expiry of 180 days or the extended period, as the case may be, the Court must release him on bail forthwith without any unnecessary delay after getting necessary information from the public prosecutor, as mentioned supra. Such prompt action will restrict the prosecution from frustrating the legislative mandate to release the accused on bail in case of default by the investigative agency

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