TMI Blog2020 (5) TMI 697X X X X Extracts X X X X X X X X Extracts X X X X ..... h 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 Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3.2020 passed by the Hon ble Supreme Court in Suo Motu Writ Petition (CIVIL) No.3/2020 In Re-Cognizance For Extension Of Limitation. The applicant filed the copy of the said order dated 22.04.2020 and orally challenged the said order before this Court. 4. Counter affidavit filed by the State is taken on record. 5. Heard Mr. Sanpreet Singh Ajmani, learned counsel for the applicant and Mr. G.S. Sandhu, learned Government Advocate assisted by Mr. J.S. Virk, learned Assistant Government Advocate for the State through video conferencing. 6. The Hon ble Supreme Court had ordered on 23.03.2020 in Suo Motu Writ Petition (CIVIL) No.3/2020, This Court has taken Suo Motu cognizance of the situation arising out of the challenge faced by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Negotiable Instruments Act and the Arbitration and Conciliation Act with effect from March 15, 2020 till further order. 8. 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. 9. In Rakesh Kumar Paul vs. State of Assam (2017) 15 SCC 67, the Hon ble Supreme Court observed, on 11th January,2017 when the High Court dismissed the application for bail filed by the petitioner, he had an indefeasible right ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ody since 23.01.2020. 14. In Uday Mohanlal Acharya vs. State of Maharasthra, (2001) 5 SCC 453, the Hon ble Supreme Court has held, on the expiry of the said period of 90 days or 60 days, as the case may be, an indefeasible right accrues in favour of the accused for being released on bail on account of default by the Investigating Agency in the completion of the investigation within the period prescribed and the accused is entitled to be released on bail, if he is prepared to and furnishes the bail as directed by the Magistrate. 15. Having considered the submissions of learned counsel for both the parties and in the light of the well settled law, this Court is of the view that the applicant is entitled for default bail . 16. Let ..... X X X X Extracts X X X X X X X X Extracts X X X X
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