Hyderabad: Justice Kasoju Surender of the Telangana High Court has directed the magistrate courts and special courts to not refuse to entertain applications for default or statutory bail filed under Section 167(2) CrPC.
The orders on the bail petitions shall be passed the same day, the judge said, after noticing that lower courts were refusing to issue bail to the accused even after the statutory period.
Justice Surender observed that the accused has the right of being released on bail if the chargesheet is not filed within 60, 90 or 180 days, depending on the case, and no extension of time is sought by the police.
He said magistrate courts and special courts should inform the accused that he or she has right of default bail or statutory bail on completion of 60, 90 or 180 days as the case may be, as applicable, if he or she is not released in the meanwhile.
The courts cannot refuse the petition filed under Section 167(2) CrPC on the ground of pendency of bail petition before any other court. This would amount to denying the accused the right of being released and prolonging the detention which is illegal, Justice Surender noted.
Unless orders are passed within the mandatory period, the accused shall have the right to be released on bail. In the absence of a chargesheet being filed within 180 days or an order by the concerned court extending extension of time to the investigating agency to complete the investigation, there is no alternative but to release the accused person on bail, Justice Surender said.
The judge directed the Registry of the Telangana High Court to circulate a copy of the order to all the courts concerned in the state.
