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2020 (5) TMI 697 - HC - Indian LawsGrant of Default Bail - denial of bail relying on the decision in IN RE : COGNIZANCE FOR EXTENSION OF LIMITATION [2020 (5) TMI 418 - SC ORDER] - Extension of period of limitation prescribed under the general law or Special Laws - prevailing Covid-19 Virus pandemic situation in India - HELD THAT:- On 06.05.2020, the Hon’ble Supreme Court had passed an Order in the very same Suo Motu Writ Petition IN RE : COGNIZANCE FOR EXTENSION OF LIMITATION [2020 (5) TMI 418 - SC ORDER] and extended the limitation period for statutory provisions under Section 138 of the Negotiable Instruments Act and the Arbitration and Conciliation Act with effect from March 15, 2020 till further order - The Hon’ble Supreme Court has not mentioned in the said Orders that investigation will be covered under these Orders. The Orders of the Hon’ble Supreme Court are binding on all the courts including High Courts. No court has the right to interpret the Orders passed by the Hon’ble Apex Court. Therefore, the police investigation is not covered under the Orders of the Hon’ble Supreme Court. Personal liberty of the individual, guaranteed under Article 21 of the Constitution of India, is very precious fundamental right and it should be curtailed only according to law - It is admitted fact between the parties that the investigation is going on and the applicant is in judicial custody since 23.01.2020. This Court is of the view that the applicant is entitled for default bail - let the applicant be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned subject to the conditions imposed.
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