AI Overview...
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Default Bail Entitlement - Accused persons are entitled to default bail if the prosecution fails to file a charge sheet within the stipulated time, typically 60 or 90 days from the date of arrest or first production before a magistrate YOHANNAN vs STATE OF KERALA - Kerala, JAFFAR.N.P Versus STATE OF KERALA - Kerala, MAHENDRA S/O DEVI SINGH, Vs STATE OF RAJASTHAN - Rajasthan, Harish Babu Maddineni VS State of Kerala - Crimes, Sunil Kumar VS State of Jharkhand - Crimes, Nishil VS Station House Officer, Alathur Police Station, Ernakulam - Kerala, Nishil VS Station House Officer - Crimes, K. A. Saju, S/o. Abdul Kader VS State of Kerala, Rep. By The Public Prosecutor, High Court of Kerala, Ernakulam - Kerala, SUNIL KUMAR VS STATE OF JHARKHAND - Jharkhand.
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Time Frame for Filing Charge Sheet - The critical period for the prosecution to file the final report is generally 60 days for cases under certain IPC sections, or 90 days for others, starting from the date of arrest or surrender. If the report is not filed within this period, the accused becomes eligible for default bail automatically JAFFAR.N.P Versus STATE OF KERALA - Kerala, MAHENDRA S/O DEVI SINGH, Vs STATE OF RAJASTHAN - Rajasthan, Harish Babu Maddineni VS State of Kerala - Crimes, Sunil Kumar VS State of Jharkhand - Crimes, Nishil VS Station House Officer, Alathur Police Station, Ernakulam - Kerala, Nishil VS Station House Officer - Crimes, K. A. Saju, S/o. Abdul Kader VS State of Kerala, Rep. By The Public Prosecutor, High Court of Kerala, Ernakulam - Kerala, SUNIL KUMAR VS STATE OF JHARKHAND - Jharkhand.
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Legal Ratios and Judicial Decisions - Courts have consistently held that the right to default bail accrues upon expiry of the prescribed period (60 or 90 days) without the filing of the charge sheet or final report. The entitlement is a statutory right, and the courts are inclined to grant bail in such circumstances YOHANNAN vs STATE OF KERALA - Kerala, JAFFAR.N.P Versus STATE OF KERALA - Kerala, MAHENDRA S/O DEVI SINGH, Vs STATE OF RAJASTHAN - Rajasthan, Harish Babu Maddineni VS State of Kerala - Crimes.
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Special Circumstances and Exceptions - In some cases, delays beyond the statutory period due to investigation or other reasons may be considered, but the default bail remains a right if the prosecution does not comply within the prescribed time Nishil VS Station House Officer, Alathur Police Station, Ernakulam - Kerala, Nishil VS Station House Officer - Crimes.
Analysis and Conclusion:
The primary criterion for claiming default bail under Section 167(2) of the Criminal Procedure Code is the non-filing of the charge sheet within the statutory period (generally 60 or 90 days). Once this period lapses without the prosecution submitting the final report, the accused automatically acquires the right to be released on bail. Courts have consistently upheld this principle, emphasizing that the right is statutory and arises from the failure of the prosecution to act within the prescribed timeframe.
Search Results for "Date of Arrest by Default Bail"
2023 Supreme(Online)(KER) 616 • India - High Court of Kerala
MOHAMMED NIAS C.P., J
They were arrested and sought bail after being in custody post-arrest. ... Finding of the Court: The court found that the petitioners had been in custody since their alleged arrest date and ... were entitled to default bail under Section 167, as the prosecution had failed to file a charge sheet timely. ... If that be so, by now, the petitioners are entitled to default bail under Section 167 of the Code of Criminal Procedure, as no charge sheet has ....
2024 Supreme(Online)(KER) 28567 • India - High Court of Kerala
C. PRATHEEP KUMAR, J
of arrest, the petitioner is entitled to default bail under Section 167(2) of the Criminal Procedure Code. ... report was not filed within the stipulated 90-day period from the date of arrest. ... Procedure Code as the final report was not filed within the stipulated 90-day period from the date of arrest. ... Since, the final report was not filed within a period of 90 days from the date of arrest on 4.2.2024, the petitioner is entit....
• India - High Court Of Rajasthan
FARJAND ALI
DEFAULT BAIL - SECTION 167(2) CR.P.C. - RIGHT TO DEFAULT BAIL ACCRUES ON EXPIRY OF 90 DAYS FROM DATE OF ARREST/FIRST PRODUCTION ... Ratio Decidendi: The right to default bail accrues on expiry of 90 days from the date of arrest/first production before Magistrate ... Issues: Whether the petitioner was entitled to default bail under Section 167(2) Cr.P.C. ... In this view of ....
• India - Crimes
K.T.SANKARAN
was produced before various courts on different dates on production warrants—Whether he was entitled to bail on default from date ... Time starts from the date of remand for the purpose of computation of the period for default bail under the proviso to Section 167 ... Criminal Procedure Code, 1973—Section 167(2) —Default bail—Petitioner involved in about four hundred criminal cases was arrested ... It is also submitted that if the date#HL_E....
2020 0 Supreme(Del) 1517 • India - Delhi
YOGESH KHANNA
within 60 days from the date of arrest. ... However, in this case, the accused was entitled to default bail as the charge sheet was not filed within 60 days. ... Final Decision: The accused was granted default bail and directed to provide a personal bond and surety. ... The petitioner is thus entitled to default bail; the challan having not been filed within 60 days. 24. ... as of right since the report under Section 173 Cr.P.C. had been filed with....
• India - Crimes
VIKRAMADITYA PRASAD
of arrest/surrender of accused - In default, accused becomes entitled to bail under Section 167(2)(a)(ii) Cr.P.C. - Statutory right ... Criminal Procedure Code, 1973 - Section 167(2)(a)(ii) - Bail in default - Petitioner was an accused in a case under Sections 304- ... for offence under Section 311 IPC - In cases under Section 304-B IPC investigation has to be completed within 60 days from the date ... of surrender/arrest and whether the accused becomes entitled to st....
2007 0 Supreme(Ker) 557 • India - Kerala
R.BASANT
to the injuries - It was alleged that petitioner hired an assassin - He was arrested and continued in custody - He was granted default ... Accused 1 and 2 entertained business rivalry against the deceased - They were all engaged in single digit lottery business - On the date ... bail but he allegedly abused the freedom and liberty granted to him - The bail granted to him was hence ordered to be cancelled ... Will the fact that the final report was not filed within 60/90 days from the date of the remand ....
• India - Crimes
R.BASANT
in 60/90 days of arrest of accused entitled accused for bail? ... Criminal Procedure Code, 1973—Section 167(2) proviso 439(2) —Bail granted in default of filing of charge-sheet within stipulated ... Even when the circumstance which entitles him to grant of bail by default the non-filing of the final report within 90 days, continues ... Will the fact that the final report was not filed within 60/90 days from the date of the remand after first arrest o....
2011 0 Supreme(Ker) 1094 • India - Kerala
K.T.SANKARAN
In a large number of cases, the period of sixty days are over from the date of the arrest of the petitioners. ... In those cases, default bail is being granted to them under the proviso to Section 167 (2) of the Code of Criminal Procedure as per ... The petitioners were not available for arrest for about two months. ... They were produced before the jurisdictional courts on production warrants and their arrest was recorded on different dates. In a large number of cases, the period of s....
2002 0 Supreme(Jhk) 238 • India - Jharkhand
VIKRAMADITYA PRASAD
of arrest/surrender of accused - In default, accused becomes entitled to bail under Section 167(2)(a)(ii) Criminal Procedure Code, 1973 - Section 167(2)(a)(ii) - Bail in default - Petitioner ... for offence under Section 311 IPC - In cases under Section 304-B IPC investigation has to be completed within 60 days from the date ... C. , investigation has to be completed within 60 days from the date of arrest/surrender of the accused and if the chargeshe....
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