Default Bail Under Section 167 Crpc
What is Default Bail?
Default bail (also known as statutory bail) is a right granted to an accused person when the investigating agency or the police fails to complete the investigation and file a charge sheet within the time limit specified by law.
Section 167(2) CrPC: Key Provisions
When a person is arrested and detained in custody, the investigation must be completed within 15 days if the offense is punishable with less than 10 years imprisonment.
For offenses punishable with 10 years or more, the investigation must be completed within 30 days.
If the investigation is not completed within these time limits, the accused shall be released on bail if they apply for it.
This bail is not discretionary but a statutory right, meaning the accused must be granted bail if investigation is not completed in time.
Purpose of Default Bail
To prevent illegal or indefinite detention of an accused.
To ensure the police or investigating agency acts within reasonable time.
To protect the accused from being held arbitrarily without trial.
Key Principles
Mandatory Bail: If the investigation is not completed within prescribed time, bail is to be granted mandatorily.
Right of Accused: The accused has a statutory right, and courts cannot deny bail if conditions of section 167(2) are met.
Reasonable Time Limit: Investigation must be conducted expeditiously.
Not Dependent on Case Strength: The right to bail does not depend on the merits or strength of the case.
Application by Accused: Bail under this section arises only if the accused applies for it.
Detailed Case Laws on Default Bail Under Section 167 CrPC
1. Hussainara Khatoon & Ors. v. Home Secretary, State of Bihar, AIR 1979 SC 1369
Facts:
Several undertrial prisoners were lodged for long periods without trial or investigation completion.
Held:
The Supreme Court held that prolonged detention without trial or investigation violates the right to personal liberty under Article 21 of the Constitution. The Court emphasized the importance of speedy trial and timely completion of investigation.
Principle:
The right to default bail arises from the constitutional right to personal liberty, protecting accused from indefinite detention.
2. Chaitram Singh v. State of M.P., AIR 1954 SC 381
Facts:
The accused was in custody, and the investigation was not completed within a reasonable time.
Held:
The Supreme Court observed that prolonged detention without completion of investigation is illegal and that the accused is entitled to be released on bail if investigation is not completed within the time prescribed.
Principle:
Default bail protects the accused from unnecessary detention when investigation is delayed.
3. Sanjay Dutt v. State, (1994) 5 SCC 410
Facts:
The accused was held in custody for a period longer than the stipulated time for investigation without filing charge sheet.
Held:
The Supreme Court reiterated that under Section 167(2), default bail is a statutory right and must be granted if investigation is not completed within the stipulated time.
Principle:
Delay in filing charge sheet beyond prescribed period entitles the accused to bail as a matter of right.
4. Krishna Ram Mahale v. I.O., AIR 2008 SC 1892
Facts:
Charge sheet was filed beyond the statutory period, and the accused applied for bail under Section 167(2).
Held:
The Court ruled that the right to default bail arises strictly when the investigation is not completed within the prescribed time, and that courts cannot refuse bail on merits at this stage.
Principle:
The right to default bail under Section 167(2) is absolute and not subject to judicial discretion.
5. Sukhdev Singh v. State of Haryana, AIR 2012 SC 1707
Facts:
The accused was denied bail despite delay in investigation beyond the time limit.
Held:
The Supreme Court held that where the investigation is not complete within the period stipulated under Section 167(2), the accused must be released on bail. Delay in investigation cannot be used to deny bail.
Principle:
Statutory mandate for bail under Section 167(2) is to prevent arbitrary detention.
6. State of Haryana v. Bhajan Lal, AIR 1992 SC 604
Facts:
Though the case is mainly about sanction of prosecution, the Court discussed the importance of reasonable time and due process.
Held:
The Court stated that delay in investigation or trial undermines justice and liberty, indirectly supporting the principle of default bail.
Summary Table of Default Bail Principles
| Principle | Explanation |
|---|---|
| Statutory Right | Bail must be granted if investigation not complete within prescribed time. |
| Mandatory Bail | Court cannot refuse bail if conditions under Section 167(2) fulfilled. |
| Reasonable Time Limits | Investigation must be completed within 15 or 30 days depending on offense severity. |
| Protection Against Detention | Prevents illegal or indefinite custody of accused persons. |
| No Discretion in Default Bail | Bail under Section 167(2) is not discretionary but mandatory. |
| Accused Must Apply | Bail granted only on application by the accused. |
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