Default Bail Applications
🧾 Legal Framework: Section 167(2) CrPC
Section 167(2) of the CrPC stipulates that:
60-Day Period: For offenses punishable with imprisonment of less than 10 years, the charge sheet must be filed within 60 days from the date of the accused's arrest.
90-Day Period: For offenses punishable with imprisonment of 10 years or more, or those punishable with death or life imprisonment, the charge sheet must be filed within 90 days.
If the charge sheet is not filed within these periods, the accused is entitled to default bail, provided they apply for it and are ready to furnish bail.
⚖️ Landmark Case Laws on Default Bail
1. Rakesh Kumar Paul v. State of Assam (2017)
In this landmark case, the Supreme Court held that the right to default bail arises when the charge sheet is not filed within the statutory period, and the accused applies for bail and is ready to furnish it. The Court emphasized that the right is indefeasible and cannot be denied on the grounds of the seriousness of the offense or the stage of the investigation.
2. State (NCT of Delhi) v. Rajeev Sharma (2025)
The Supreme Court clarified that the 90-day period for filing a charge sheet applies only to offenses punishable with a minimum sentence of 10 years. In this case, the Delhi High Court had granted default bail to Rajeev Sharma after 60 days, as the offense did not carry a minimum sentence. The Supreme Court upheld this decision, reinforcing the principle that the statutory period is determined by the nature of the offense.
3. Union of India v. Sriharan alias Murugan (2016)
This case addressed the issue of life imprisonment without remission. The Supreme Court ruled that only constitutional courts could impose life terms beyond the usual legal provisions, emphasizing the need for judicial oversight in sentencing. While not directly related to default bail, it highlighted the importance of adhering to statutory provisions, including those concerning bail.
4. Maneka Gandhi v. Union of India (1978)
In this case, the Supreme Court expanded the interpretation of Article 21, asserting that the right to life and liberty includes the right to live with human dignity. The Court emphasized that prison conditions must comply with constitutional standards, and overcrowding that leads to inhumane conditions violates prisoners' rights.
5. Hussainara Khatoon v. Home Secretary (1979)
This landmark case brought attention to the plight of undertrial prisoners, many of whom were detained for extended periods without trial. The Supreme Court held that the right to a speedy trial is implicit in the right to life and liberty under Article 21 of the Constitution. The Court's decision led to the release of thousands of undertrials and highlighted the need for judicial intervention to address overcrowding.
⚠️ Key Considerations in Default Bail Applications
Application Timing: The application for default bail must be made before the charge sheet is filed.
Readiness to Furnish Bail: The accused must be prepared to furnish bail at the time of application.
Completion of Investigation: Once the investigation is completed and the charge sheet is filed, the right to default bail ceases.
Judicial Discretion: Courts may exercise discretion in granting default bail, considering factors such as the nature of the offense and the stage of the investigation.
🧭 Conclusion
Default bail serves as a safeguard against arbitrary detention, ensuring that an accused person is not held in custody indefinitely without a charge sheet. The case laws discussed above underscore the judiciary's commitment to upholding this right, reinforcing the principles of justice and liberty enshrined in the Constitution.
RELATED Blog
0 comments