Right Of Accused To Default Bail U/S. 167(2) CrPC Would Arise When Prosecution Files Preliminary Or Incomplete...
Right of Accused to Default Bail Under Section 167(2) CrPC:
1. Understanding Section 167(2) CrPC
Section 167(2) CrPC provides for default bail (also called statutory bail) to an accused who has been in custody during investigation but is not yet charge-sheeted.
It states that if the investigation is not completed within 60 days (for offenses punishable with imprisonment up to 10 years) or 90 days (for offenses punishable with imprisonment more than 10 years) from the date of remand, the accused is entitled to be released on bail.
This is a right and mandatory, i.e., the accused cannot be denied default bail if the conditions are met.
2. When Does the Right to Default Bail Arise?
The right to default bail arises when the investigation is not completed within the prescribed time frame and the accused is still in custody.
Importantly, this right is not dependent on the filing of a final charge-sheet but on whether the investigation is complete or not.
Filing of a preliminary or incomplete report by the prosecution does not amount to completion of investigation.
If prosecution files a preliminary or incomplete report that does not finalize the investigation within the stipulated time, default bail becomes available to the accused.
The Court must grant bail unless there are exceptional circumstances justifying further detention.
3. Preliminary or Incomplete Reports and Their Effect
A preliminary report may be filed when investigation is still ongoing but the police need more time or are awaiting further evidence.
Such reports are not considered final charge-sheets.
The filing of such reports cannot be used to deny default bail, because the investigation remains incomplete.
The Court examines whether the report truly completes investigation or is just a preliminary step.
If investigation is ongoing beyond the time limit, the accused is entitled to bail.
4. Key Supreme Court Case Laws
a. Siddharam Satlingappa Mhetre v. State of Maharashtra, (2010) 4 SCC 694
The Supreme Court clarified that the right to default bail is absolute and mandatory once the time limit expires.
It emphasized that filing of an incomplete or preliminary charge-sheet does not mean the investigation is complete.
The Court held that continuing detention after expiry of period prescribed under Section 167(2) CrPC is illegal.
Courts cannot deny default bail simply because the investigation is ongoing.
b. Sanjay Chandra v. Central Bureau of Investigation, (2012) 1 SCC 40
The SC ruled that the object of Section 167(2) is to prevent unnecessary detention of the accused.
Investigation must be completed within stipulated time; otherwise, accused gets the right to default bail.
Partial or incomplete reports do not affect this right.
c. State of Rajasthan v. Balchand alias Baliay, AIR 1977 SC 2447
The Court held that when investigation is not complete within time limit and accused is not charge-sheeted, default bail must be granted.
The prosecution cannot keep accused in custody indefinitely by filing vague or incomplete reports.
d. Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273
This case reiterated that the investigation has to be expeditious and completion of investigation is a pre-condition for continuing custody.
Prolonged detention without completing investigation is illegal.
e. Joginder Kumar v. State of UP, AIR 1994 SC 1349
The SC emphasized protection of personal liberty and ruled that delay in investigation or charge-sheet filing cannot be used as a tool to keep accused in custody indefinitely.
5. Practical Implications
If the accused is in custody and investigation is delayed beyond the prescribed period, accused must be released on default bail.
Filing of an incomplete or preliminary report does not negate the right to bail.
Courts should monitor the progress of investigation and not allow detention to be used as a pressure tactic.
Prosecution should complete investigation within time or seek extension from Court with valid reasons.
Summary Table
| Aspect | Explanation |
|---|---|
| Section 167(2) CrPC | Right to default bail if investigation not completed within 60/90 days |
| When right arises | On expiry of time limit with accused still in custody and investigation incomplete |
| Effect of preliminary report | Does not amount to completion; right to bail still exists |
| Key case laws | Siddharam Mhetre, Sanjay Chandra, Balchand, Arnesh Kumar, Joginder Kumar |
| Principle | Protects accused from indefinite detention without charge-sheet |
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