Asa Singh And Ors. vs State Of Punjab on 31 January, 1972
8. While interpreting the provisions of Section 167(2) Cr.P.C. relying upon the cases of Udai Mohanlal Acharya v. State of Maharashtra 2001 (2) Recent Criminal Reports 452 and Dolat Ram and Ors. v. State of Haryana , it has been held in the case of Asa Singh v. State of Punjab (supra), that bail under Section 167(2) Cr.P.C. cannot be pressed after the filing of challan if such application was not filed before filing of challan. The accused gets an indefeasible right to get bail if he makes a bail application under Section 167(2) Cr.P.C. before the challan is put up. Subsequent filing of challan during pendency of the bail application will not extinguish indefeasible right of the accused to get bail. But if bail application is moved after filing of challan then the right of the accused to invoke the provisions of Section 167(2) Cr.P.C. was not in subsistence and if the bail was granted under Section 167(2) Cr.P.C. after filing of the challan, the principles applicable for cancellation of bail could not be attracted and the bail was liable to be recalled because the right to grant of bail provided under Section 167(2) Cr.P.C. was not an indefeasible right that could not be taken away.