The Extradition Act, 1962
24. Discharge of person
apprehended if not surrendered or returned within two months.
if a fugitive criminal
who, in pursuance of this Act, has been committed to prison to await his
surrender or return to any foreign State 1*xxx is not conveyed out of India
within two months after such committal, the High Court, upon application made
to it by or on behalf of the fugitive criminal and upon proof that
reasonable notice of the intention to make such application has been given
to the Central Government, may order such prisoner to be discharged
unless sufficient cause is shown to the contrary.