BASHIR AND OTHERS vs STATE OF HARYANA

The Supreme Court ruled that under Section 167(2) of the Criminal Procedure Code, 1973, an accused must be released on bail if the challan is not filed within 60 days of arrest. The Court held that once bail is granted under this provision, it cannot be cancelled solely because a challan is subsequently filed; cancellation can only occur under Section 437(5) if there are reasonable grounds for believing the accused is guilty of a non-bailable offence. The Court ultimately upheld the principle that the nature of the offence does not affect the right to bail granted under Section 167(2).