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2017 (4) TMI 136 - ALLAHABAD HIGH COURTEntitlement for bail - Whether the bail order passed in favor of an accused under the first proviso to sub-section (2) of Section 167of the Code stands extinguished and/or cancelled automatically on the mere filing of the charge-sheet/complaint, if the accused, by that time has not actually been released from custody? - Held that: - a bail granted under the proviso to Section 167(2) of Code is, though termed as ‘bail on default’ is as effective as bail granted on merits, and does not get cancelled automatically on completion of investigation or charge-sheet being filed - When the Supreme Court of India has time and again said that ‘mere making of an application for bail would amount to availing of the right accrued to an accused under the said proviso irrespective of whether the Court has actually passed a bail order’ or not, there was no question of refusing to release the petitioner on bail when an order for bail had actually been passed - bail granted - revision allowed - decided in favor of revisionist-petitioner.
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