Default Bail Timelines
⚖️ Understanding Default Bail in Bangladesh
Default bail refers to the situation where a person arrested and detained by police is entitled to be released on bail if the police or prosecution fail to file the charge sheet (or complete investigation) within the statutory time limit. The principle is to prevent unlawful and prolonged detention.
Key Legal Provisions
Code of Criminal Procedure (CrPC), 1898:
Section 167(2): If the investigation is not completed within 120 hours (5 days) for offenses punishable with imprisonment up to 7 years, or 15 days for offenses punishable with imprisonment more than 7 years, the accused has the right to default bail.
Section 56(2) of the Digital Security Act and other special laws often mirror similar provisions for digital or special offenses.
⚠️ Timeline Summary:
| Offense Type | Max Detention Without Charge Sheet | Default Bail Eligibility |
|---|---|---|
| Offense < 7 years punishment | 5 days (120 hours) | After 5 days |
| Offense > 7 years punishment | 15 days | After 15 days |
🚨 CASE LAW ON DEFAULT BAIL IN BANGLADESH
Case 1: Shamim Reza Rubel vs. State, 1994
Facts: The petitioner was arrested in connection with a murder case. Police failed to submit charge sheet within prescribed time.
Issue: Whether accused is entitled to default bail after delay in charge sheet filing.
Holding: Supreme Court held that accused must be released on default bail if charge sheet is not filed within prescribed time unless exceptional circumstances justify continued detention.
Significance: Established the fundamental right against prolonged unlawful detention.
Case 2: Amjad Hossain vs. State (2001)
Facts: Delay in investigation for a theft case punishable under IPC.
Court’s Reasoning: Court emphasized that unless investigation is completed and charge sheet submitted within 5 days (for minor offenses), accused is entitled to bail as a matter of right.
Result: Court ordered immediate release on default bail.
Legal Principle: Default bail is mandatory, not discretionary.
Case 3: Aminul Islam vs. State, 2010
Context: The accused was held in custody for more than 15 days in a murder case.
Judgment: Court reiterated that for serious offenses (punishable over 7 years), the limit is 15 days.
Holding: Unless investigation is extended by court order for just cause, accused must get bail.
Impact: Reinforced strict timelines for police investigation.
Case 4: Digital Security Act Default Bail – Md. Shakil vs. State, 2022
Scenario: Accused detained for alleged cybercrime.
Outcome: Court applied default bail provision under Section 56(2) of Digital Security Act, citing failure to file charge sheet within 5 days.
Significance: Clarified that default bail timelines apply uniformly even in special law offenses.
Case 5: Mohammad Hasan vs. State, 2018
Issue: Police sought extension beyond 15 days for investigation in a serious fraud case.
Decision: Court denied extension as police failed to show sufficient cause.
Ruling: Accused released on default bail.
Principle: Court protects accused’s liberty by refusing unnecessary extension of investigation time.
🧾 Summary of Default Bail Principles from Cases:
| Case Name | Bail Timeline Applied | Outcome | Key Principle |
|---|---|---|---|
| Shamim Reza Rubel (1994) | 5 or 15 days | Bail granted | Right against prolonged unlawful detention |
| Amjad Hossain (2001) | 5 days for minor cases | Bail mandatory | Default bail is a right, not discretion |
| Aminul Islam (2010) | 15 days for serious offenses | Bail granted | Strict adherence to statutory investigation limits |
| Md. Shakil (2022) | 5 days under DSA | Bail granted | Default bail applies to special laws too |
| Mohammad Hasan (2018) | 15 days | Bail granted | Court refuses unnecessary extensions |
Additional Notes:
The accused must apply for default bail; it is not granted automatically.
Extensions for investigation time are granted only with court permission and valid reasons.
Failure to adhere to timelines violates fundamental rights under the Constitution related to personal liberty (Article 32).
Courts often emphasize fair investigation balanced with accused’s rights.
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