HARISH CHANDRA VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the learned counsel for the applicant, the learned AGA and perused the record. The learned counsel for the applicant submitted that the applicant was remanded to the judicial custody on 30.7.2009 and the statutory period of 180 days expired on 25.1.2010 and no request for extension of time was made nor any extension was granted. The investigating agency neither filed any complaint nor charge sheet till 25.1.2010. Consequently the applicant became entitled to bail under Section 167 (2) CrPC which is applicable also in regard to the offences under the Narcotics Drugs & Psychotropic Substances Act. The applicant moved an application for bail before filing of the charge sheet/complaint but the learned trial court delayed the disposal of the bail application which gave an occasion to the investigating agency to file the charge sheet/complaint. It was also submitted that when the applicant applied for bail after expiry of the statutory period of 180 days but before filing of the charge sheet/complaint, his indefeasible right to claim bail did not extinguish after submission of the charge sheet/complaint and the learned lower court was not justified in rejecting the bail prayer of the applicant.

(2.) THE learned counsel for the applicant has placed reliance on Uday Mohanlal Acharya v. State of Maharashtra, 2001 SCC (Crl) 760. In that case the Apex Court has held that the accused has indefeasible right of bail if a charge sheet/complaint is not filed within the statutory period provided the accused is prepared to and does furnish bail. In other words, if the investigating agency fails to file the charge sheet/complaint within the statutory period, the accused is entitled to be released on bail but in case the accused does not seek bail and in the meantime the charge sheet/complaint is filed he will not be entitled to claim any bail and that right stands extinguished. It was also held that if the accused applies for bail and the investigating agency, before disposal of the accused's bail application, files charge sheet/complaint, the accused's right to claim bail under Section 167 (2) CrPC does not extinguish and in that situation he may not be denied bail on the ground of filing of charge sheet before disposal of his bail application.

(3.) LET the applicant Harish Chandra Verma involved in the case no. 12 of 2009 under Sections 8/21/27-A/29 of the Narcotic Drugs and Psychotropic Substances Act challaned by Intelligence Officer Narcotics Control Bureau, Lucknow, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned and also subject to the following conditions: