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2019 (11) TMI 1507 - HC - Indian LawsCancellation of Bail granted - NDPS Act - it had been stressed that on the date when the bail was granted, an application had been filed on behalf of this accused under Section 167(2) Cr.P.C., seeking to release the said accused on bail - HELD THAT:- A perusal of the order of the Learned Special Judge, shows that he was primarily concerned with the fact that the prosecution had not filed any petition seeking extension of time to file final report. However, the Learned Judge had completely overlooked to examine the contents of the additional complaint filed by the prosecution. No discussion had been made on the effect of the additional complaint, since two further accused had been included and whether process is to be served on them or not and whether additional documents can be taken into consideration or not. The Learned Judge only examined the petition under Section 167(2) of Cr.P.C., which itself was filed only on the 181st day and stating that an indefeasible right had accrued to the respondent/A11, the Learned Judge had granted bail. Thus the Court of Sessions conducts work from the time it sits till the time it rises. No specific advantage, can be taken that a petition filed at 10.30 a.m. should be taken into consideration first and a complaint filed at 04.25 p.m. should be rejected, only because it was filed later in the evening. The entire reasoning cannot stand scrutiny - since the prosecution had filed an additional complaint, on the same date when the accused had also availed of his remedy under Section 167(2) Cr.P.C., implicating two further accused, enclosing further documents and further statements and also stating that the mobile phones had been recovered which have been forwarded to forensic the indefeasible right which had accrued to the accused, the Learned Judge was wrong in granting bail. The bail granted is cancelled - Petition allowed.
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