Default bail (also known as statutory bail) is a legal right granted to an accused person when the investigating agency fails to complete the investigation within a prescribed time limit. This right is provided under Section 167(2) of the Code of Criminal Procedure (CrPC), 1973 in India. Here’s how a person can get default bail:
1. When Can Default Bail Be Claimed?
- If the police fail to file a charge sheet within:
- 90 days for offences punishable with death, life imprisonment, or imprisonment of at least 10 years.
- 60 days for other offences.
- 45 days in certain special cases under laws like NDPS (for minor offences).
2. Steps to Obtain Default Bail
- Verify the Time Limit
- The accused (or their lawyer) must check whether the prescribed period for investigation has expired without a charge sheet being filed.
- File an Application
- The accused should file a bail application before the Magistrate or the relevant court, citing the delay in filing the charge sheet.
- Magistrate Grants Bail
- If the court finds that the prescribed period has expired, it must grant bail as a matter of right.
- Furnish Bail Bond
- The accused must execute a bail bond and fulfill conditions set by the court (such as providing sureties, appearing for hearings, etc.).
3. Key Points to Remember
- Default bail is a legal right and cannot be denied once the accused applies for it before the charge sheet is filed.
- If the accused does not apply for default bail before the charge sheet is filed, they lose this right.
- The prosecution can still oppose bail on other grounds (such as flight risk, tampering with evidence, etc.).
- Special laws (like UAPA, PMLA, NDPS) may have different timelines or stricter conditions for default bail.
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