Caveat India

Default Bail

 What is Default bail under Section 167(2) of the CrPC ?

The question of default bail under Section 167(2) of the CrPC arises when the  chargesheet is not filed within the stipulated period. In other cases  the right  to default bail would be in case where the  right of the accused  to statutory bail is defeated i.e when prosecution files a preliminary or incomplete chargesheet, within the period prescribed for offences mentioned therein .

Article 21 of the constitution of India and Section 167(2) CrPc.

Under Article 21 of the Constitution of India, the fundamental right to personal life and liberty  has its  co-relation with 167(2) of the CrPC . There are innumerable judicial precedents to establish the same through various judgments of the Hon’ble Supreme Court and various High Courts.

Important to note that Section 167 of the CrPC  deals with investigation and not about cognizance by the Magistrate.

Automatic Bail due to failure in filing charge sheet within prescribed time

It is also important to note  that default bail is mandatory in nature  and when there is  failure to file the charge sheet within the prescribed 90/60 day period, as the case may be , it itself would result in automatic grant of default bail.

When does the time start for calculation of default bail?

The time period  for defaul bail starts from the date when the Magistrate remanded the accused person or persons which is to say when there is no charge sheet filed within 60 or 90 days  as is contemplated under section Section 167 (2)(a)(ii) of the CrPC.

It is to be noted that police cannot just file an incomplete investigation report within the prescribed time so as to deny default bail to the accused . It is essential that all investigation is completed within the statutory period prior to filing chargesheet in court with full report

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