Case Note & Summary
The case involved an appeal by the appellant against the State of Maharashtra concerning the interpretation of the right to bail under Section 167(2) of the Code of Criminal Procedure, 1973, in the context of the Maharashtra Protection of Interest of Depositors (In Financial Establishment) Act, 1999 (MPID Act). The appellant was accused of collecting approximately Rs. 450 crores from depositors under false promises and was remanded to judicial custody. After the statutory period of sixty days for filing the challan expired, the appellant applied for bail, which was denied by the Special Judge on the grounds that the provisions of Section 167(2) did not apply to the case. The High Court upheld this decision, stating that the right to bail under Section 167(2) was not applicable once the challan was filed. The Supreme Court, while agreeing with the High Court, clarified that the right to be released on bail is contingent upon the accused actually furnishing bail, and that this right is extinguished upon the filing of the challan. The court emphasized that the mere filing of a bail application does not constitute availing of the right to bail. Consequently, the appeal was dismissed, affirming the High Court's ruling (Paras 1-8).
Headnote
A) Criminal Procedure - Right to Bail - Indefeasible Right - Code of Criminal Procedure, 1973, Section 167(2) - The right to be released on bail due to non-filing of the challan is contingent upon the accused furnishing bail. The court held that the right to bail under Section 167(2) is extinguished upon the filing of the challan, and mere application for bail does not constitute availing of the right (Paras 1-8).
Issue of Consideration
Whether the appellant was entitled to be released on bail under Section 167(2) of the Code of Criminal Procedure due to non-filing of the challan within the statutory period.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's decision that the right to bail under Section 167(2) is extinguished upon the filing of the challan, and that the appellant had not availed of this right as he did not furnish bail.
Law Points
- Indefeasible right to bail
- Section 167(2) Code of Criminal Procedure
- 1973
- filing of challan
- bail application
- MPID Act
- 1999
