What is Default bail and whats the provision of law ?
What is default bail is a question asked very often . A default bail under Section 167(2) of the CrPC in simple words can be said in cases when chargesheet is still not filed within the prescribed time period . Apart from that in cases the right to default bail would arise when the prosecution files a preliminary or an incomplete chargesheet, within the period prescribed for offences mentioned therein only to defeat the cause of bail .
How is Article 21 of the constitution of India and Section 167(2) CrPc connected
Under Article 21 of the Constitution of India, has its co-relation with 167(2) of the CrPC which is fundamental rights , of right to life and liberty . There are many Judicial precedents of the Hon’ble Supreme Court and various High Courts which have laid emphasis on the co relation between the two.
It is important to keep in mind that Section 167 of the CrPC deals with investigation and not about cognizance by the Magistrate.
Is there a concept of automatic bail due to failure in filing charge sheet within prescribed time?
Yes, when there is failure on the part of investigation to file the charge sheet within the prescribed 90/60 day period, as the case may be , that in itself would result in automatic grant of default bail.
When does the time start for calculation of default bail?
When the Magistrate remands the accused person or persons from that day onwards , and within the time no charge sheet filed within 60 or 90 days as is contemplated under section Section 167 (2)(a)(ii) of the CrPC,
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