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* * * 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.

1. The words "or country " omitted by s. 3, ibid. (w.e.f. 18-12-1993).