Landmark Judgments On Default Bail
1. Supreme Court in Gudikanti Narasimhulu vs Public Prosecutor, High Court of Andhra Pradesh (1978) 2 SCC 70
Facts:
The petitioner was arrested and in custody during investigation, but the investigation could not be completed within the statutory period of 60/90 days prescribed under Section 167(2) CrPC for bailable offences.
Decision:
The Supreme Court emphasized that default bail is a statutory right and cannot be denied unless there is a valid reason under law. If the investigation is delayed beyond the period mentioned in Section 167(2), the accused is entitled to be released on bail.
Key Principle:
Bail must be granted automatically on the expiry of the statutory period unless there is sufficient reason to deny it (e.g., serious offences under Sections 376, 420, or involving threats to national security).
2. Hussainara Khatoon vs Home Secretary, State of Bihar (1979) 3 SCC 532
Facts:
This was a landmark case addressing unlawful detention of undertrial prisoners across Bihar. Many prisoners were detained far beyond the period allowed under CrPC without trial.
Decision:
The Supreme Court recognized that prolonged detention without trial violates fundamental rights under Articles 21 and 22. Default bail under Section 167(2) was highlighted as a mechanism to prevent unnecessary incarceration.
Key Principle:
Right to default bail is part of the broader right to liberty.
Investigating agencies must complete investigation within the stipulated period, or else the accused must be released.
3. Arnesh Kumar vs State of Bihar (2014) 8 SCC 273
Facts:
The case dealt with unlawful arrests under Section 498A IPC (dowry harassment). The accused was detained for prolonged periods without proper sanction.
Decision:
The Supreme Court clarified that arrest is not automatic, and investigation must follow legal timelines. If the statutory period lapses, default bail should be granted.
Key Principle:
Investigative delays cannot violate the right to default bail.
Police and courts must ensure that accused are not detained beyond statutory periods under CrPC.
4. Amardeep Singh vs State of Punjab (2017) 1 SCC 414
Facts:
The petitioner was held in custody during the investigation of an economic offence. The investigation could not be completed within 90 days.
Decision:
The Supreme Court reiterated that default bail under Section 167(2) CrPC is a statutory right, especially when no charge-sheet is filed within the prescribed period.
Key Principle:
Accused cannot be kept in custody indefinitely merely because the case involves complex investigation.
The court emphasized timely filing of charge sheets.
5. State of Maharashtra vs Dr. Praful B. Desai (2003) 4 SCC 601 (Indirect reference to default bail principles)
Facts:
This case focused on custodial detention and delays in prosecution. Though it primarily dealt with medical negligence, it touched upon statutory rights under Section 167(2).
Decision:
The Supreme Court held that the right to statutory bail cannot be curtailed, and delay in investigation or filing chargesheet must lead to release.
Key Principle:
Section 167(2) CrPC ensures protection against arbitrary detention.
Courts must grant default bail as a matter of routine if conditions are met.
Summary of Principles from these Cases:
Default bail is a statutory right: Cannot be denied if the investigation is not completed within the timeline (Gudikanti Narasimhulu).
Right to liberty is paramount: Detention beyond statutory period violates Article 21 (Hussainara Khatoon).
Arrest and detention must follow procedure: Delay in investigation cannot be a ground to deny default bail (Arnesh Kumar).
Complexity of the case does not negate statutory rights: Even economic offences require timely action (Amardeep Singh).
Judicial intervention ensures protection against abuse: Courts ensure default bail is granted when conditions are met (Dr. Praful B. Desai).
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