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2020 (12) TMI 1292 - HC - Indian LawsDrugs trafficking - Recovery of illegal drugs - Section 167 (2) of the Cr.P.C. - HELD THAT:- On perusal of the said decision rendered by the Hon'ble Supreme Court in SARAVANAN VERSUS STATE REPRESENTED BY THE INSPECTOR OF POLICE [2020 (10) TMI 1249 - SUPREME COURT], the contention of the learned counsel appearing for the petitioner appears to be correct. The issue involved therein was whether while releasing the appellant accused therein on default bail/statutory bail under Section 167 (2) CR.P.C., any condition of deposit of amount as imposed by the High Court, could have been imposed? The answer of the Hon'ble Supreme Court was in the negative and held that the only requirement for getting the default bail/statutory bail under Section 167(2), Cr.P.C. is that the accused is in jail for more than 60 or 90 days, as the case may be, and within 60 or 90 days, as the case may be, the investigation is not completed and no chargesheet is filed by 60th or 90th day and the accused applies for default bail and is prepared to furnish bail. No other condition of deposit of the alleged amount involved can be imposed. Imposing such condition while releasing the accused on default bail/statutory bail would frustrate the very object and purpose of default bail under Section 167(2), Cr.P.C. The provisions of Section 167 (2) would apply to the accused arrested under the provisions of the ND & PS Act - petitioner shall be released on default bail provided he is ready to furnish PR bond to the satisfaction of the Special Judge, ND & PS, Manipur - Bail application allowed.
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