6. The expression 'if not already availed of used by this Court in Sanjay Dutt's case (supra) must be understood to mean when the accused files an application and is prepared to offer bail on being directed. In other words, on expiry of the period specified in paragraph (a) of proviso to Sub-section (2) of Section 167 if the accused files an application for bail and offers also to furnish the bail, on being directed, then it has to be held that the accused has availed of his indefensible right even though the Court has not considered the said application and has not indicated the terms and conditions of bail, and the accused has not furnished the same.