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Default Bail

Facts for Prelims (FFP)

 

Source: The Week

Context: The Supreme Court of India ruled that an accused cannot seek default bail based on the grounds that the investigation is pending against other accused or that the charge sheet filed by the probe agency is incomplete.

  • The court stated that the benefit of the proviso appended to sub-section (2) of Section 167 of the Code of Criminal Procedure (CrPC) is available to the offender only when no charge sheet is filed, and the investigation is pending against them.
  • Once a charge sheet is filed, this right cease, and the accused cannot claim default bail on the grounds of an incomplete charge sheet or pending investigation against other accused.

 

Default bail, also known as statutory bail, is a right to bail that arises when the police fail to complete an investigation within a specified period. This right is enshrined in Section 167(2) of the Code of Criminal Procedure (CrPC).