The main legal point established in the judgment is the entitlement of the accused to default bail under specific statutory provisions, and the conditions under which this right can be extinguished or cancelled.

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.

18.2 The right to be released on default bail continues to remain enforceable if the accused has applied for such bail, notwithstanding pendency of the bail application; or subsequent filing of the chargesheet or a report seeking extension of time by the prosecution before the Court; or filing of the chargesheet during the interregnum when challenge to the rejection of the bail application is pending before a higher Court.

18.3 However, where the accused fails to apply for default bail when the right accrues to him, and subsequently a chargesheet, additional complaint or a report seeking extension of time is preferred before the Magistrate, the right to default bail would be extinguished. The Magistrate would be at liberty to take cognizance of the case or grant further time for completion of the investigation, as the case may be, though the accused may still be released on bail under other provisions of the CrPC

18.4 Notwithstanding the order of default bail passed by the Court, by virtue of Explanation I to Section 167 (2), the actual release of the accused from custody is contingent on the directions passed by the competent Court granting bail. If the accused fails to furnish bail and/or comply with the terms and conditions of the bail order within the time stipulated by the Court, his continued detention in custody is valid."

2. Facts in the present case are that the petitioner was arrested in connection with FIR No.187 dated 01.03.2018 under Sections 21 & 22 of the N.D.P.S. Act and Sections 18A, 18(C) and 27 of the Drugs and Cosmetics Act, 1940, registered at City Police Station, District Sirsa. The Final Report of investigation/Challan was not submitted against him within the statutory period of 180 days, on account of which, he was permitted to release on statutory bail by the Ld. Additional Sessions Judge, Sirsa on 16.10.2019, vide the order at Annexure P-2.

3. The petitioner, however, could not submit his bail bonds as directed by the said Court. But no time limit was prescribed for furnishing such bail bonds. He subsequently filed an application seeking to furnish his personal bonds and surety bonds in terms of the original statutory bail granted to him. But, the same was dismissed by the Ld. Additional Sessions Judge, Sirsa, vide an impugned order passed on 30.07.2021 after observing inter alia:-

"6. In view of the above, it is evident that although the applicant was admitted to default bail vide order dated 16.10.2019 passed by Dr. Chander Hass, learned ASJ Sirsa on the ground that challan in this case has not been filed by the prosecution within stipulated time of 180 days, yet the present applicant-accused did not bother to furnish his personal bond and surety bonds and thereafter supplementary challan has been filed in this case on 1.11.20