Statutory release under Section 167(2) survives a brief intervening bail release when custody in the same case is restored.

Statutory release under Section 167(2) of the Code of Criminal Procedure applies when investigation is not completed within the prescribed period and no charge-sheet is filed, creating an automatic entitlement to release in continuing custody. A brief intervening release on bail did not remove the respondent from the statutory scheme once that bail was cancelled and custody was restored in the same prosecution. Custody under another statute could not be conflated with custody in the narcotics case to defeat the entitlement. The bail cancellation petition therefore failed, and the earlier bail order stood revived.

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Issues: Whether the respondent was entitled to the benefit of statutory release under Section 167(2) of the Code of Criminal Procedure, 1973 after the earlier bail order was cancelled, and whether the petition to cancel bail could succeed.

Analysis: The Court held that the purpose of Section 167(2) is to ensure completion of investigation within the prescribed time and to confer an automatic right to release when custody continues beyond that period without filing of the charge-sheet. The respondent's temporary release on bail did not take the case outside the statutory scheme once the bail was cancelled and custody was restored in relation to the same prosecution. The Court further held that detention under another statute could not be mixed with the custody relevant to the narcotics case, and that the respondent could not be denied the benefit of Section 167(2) merely because he had been released for a short period in between.

Conclusion: The respondent was entitled to release under Section 167(2) of the Code of Criminal Procedure, 1973, and the order granting bail stood revived. The petition seeking cancellation of bail failed.

Final Conclusion: The bail cancellation request was rejected, and the respondent retained the benefit of the restored bail order, subject to any separate detention under another statute.

Ratio Decidendi: Where investigation is not completed within the statutory period, the accused in custody is entitled to release under Section 167(2) of the Code of Criminal Procedure, 1973, and a brief intervening release does not by itself defeat that statutory entitlement once custody in the same case is effectively restored.

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