Default Bail

Source-This post on Default Bail has been created based on the article” Accused cannot seek default bail on ground that investigation is pending against others SC” published in “THE WEEK” on 25 January 2024.

Why in the news?

The Supreme Court in Wadhawani brothers multi-crore bank loan scam case, held that an accused can not seek default bail on the grounds that the probe is pending against other co-accused. In cases where there are multiple accused, the default bail can only be sought by an individual if the investigation/probe is pending against that particular individual.

About Default Bail

1) Default bail is also known as statutory bail. It is a type of bail which is given to an accused detained in custody, when the police fails to complete the investigation and file the charge sheet within the time frame mentioned under the law.

2) The time frame for completing the investigation of offences under the IPC, and for filing of the charge sheet, varies depending on the gravity of the offence.
For Example- An offence punishable with imprisonment up to 10 years, the investigation must be completed within 60 days of arrest. For offence where imprisonment is more than 10 years, the investigation must be completed within 90 days of arrest.
Exception to this rule-special laws like the Narcotic Drugs and Psychotropic Substances Act where the time period for investigation may be different, such as 180 days.

3) The Code of Criminal Procedure (CrPC) provides for three kinds of bail:-
Section 438- Anticipatory Bail
Section 439 – Regular bail
Section 167(2) – Default/statutory bail.

Different types of bail

1. Regular Bail- This is granted to accused individuals who are already in legal custody or jail. It allows the individual to be released from custody by giving a bond, either with or without sureties, under section 437 and section 439 of the CrPC.

2. Interim Bail- This is bail which is provided for a short period of time. It is provided to the accused person before the actual bail hearing or anticipatory bail.

3. Anticipatory Bail- This is defined under section 438 of CrPC. It is to be granted to those individuals who are apprehending arrest.

4. Medical Bail- Granted to individuals based on medical grounds, such as life-threatening disease.

Important judgements regarding bail

1) Ritu Chhabaria judgment– The Supreme court held that “the right of default bail under Section 167(2) of the Criminal Procedure Code (CrPC) is not merely a statutory right, but a fundamental right that flows from Article 21 of the Constitution”.

2) Jasbir Singh vs National Investigating Agency (2023) judgement– The Supreme Court held that an accused has no right to ask for default bail by claiming that the charge sheet is incomplete (although it is filed on time) for lack of sanction under Section 167(2) of the Code of Criminal Procedure.

UPSC Syllabus-Indian polity