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M. S. KARNIK
Amit Madhukar Bhogale – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
These are the applications claiming entitlement to default bail under Section 167(2) of the Code of Criminal Procedure (hereafter ‘Cr.P.C.’ for short).
2. Before adverting to the facts of the present case, I may at the very outset seek guidance from the decision in Aslam Babalal Desai vs. State of Maharashtra, (1992) 4 SCC 272 wherein the object and scope of Section 167 of the Cr.P.C. has been authoritatively stated. Paragraph 36 thereunder reads thus:-
“36. In Natabar Parida and Ors. v. State of Orissa [1975] Crl. L.J. 1212 a two judge Bench, at the earliest considered, the scope of the proviso and held thus:
“…..[T]he command of the Legislature in proviso (a) is that the accused person has got to be released on bail if he is prepared to and does furnish bail and cannot be kept in detention beyond the period of 60 days even if the investigation may still be proceeding. In serious offences of criminal conspiracy-murders, dacoities, robberies by inter-state gangs or the like, it may not be possible for the police, in the circumstances as they do exist in the various parts of our country, to complete the investigation within the period of 60 days. Yet the intention of th
(1) Default bail – Filing of a charge-sheet is sufficient compliance with provisions of Section 167 of Cr.P.C. and accused cannot claim any indefeasible right of being released on statutory/default b....
(1) Default bail – Once period of detention expired, sans charge-sheet having been lodged and accused manifested intent to avail right by making application, no subterfuge to defeat indefeasible righ....
Point of Law : Fact of the accused absconding or delaying investigation during period of he being absconding would not be relevant for consideration of application Subsection (2) of Section 167 of C....
The main legal principle established is that the accused is entitled to default bail if the investigation is not completed within the mandated period, as per the legislative intent of section 167(2) ....
The right to default bail under Section 167(2) is absolute and cannot be denied even during further investigation, aligning with the constitutional guarantee of personal liberty under Article 21.
The right to apply for default bail is lost once the charge-sheet is filed, and such right does not revive only because further investigation is pending.
(1) Default bail – Once challan has been filed, question of grant of bail has to be considered and decided only with reference to merits of case under provisions relating to grant of bail to accused ....
(1) Default bail – An incomplete charge-sheet filed without completing investigation cannot be used to defeat right of statutory bail under Section 167(2) of Cr.P.C.(2) Default bail – Investigative a....
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