Shubham Bhardwaj (Advocate) 07 December 2021
Dear Mr Abdullah,
Although your query is academic in nature and does not relate to any specific facts, however, I ll just give you an idea. The code of criminal procedure allows prosecuting agency to keep an accused person in custody during investigation only for a period of 60 or 90 days, depnding upon the gravity of offence. Obviously, serious offences are within 90 days category. Once this period of 60/90 days expire and investigating agency has not filed investigation report before the trial court within this time, the accused is entitled for default bail i.e. if he ready to furnish bail bond at that point of time, his bail would certainly be accepted. This is the concept. But there are lot other things which are there to consider for eg: special laws such as NDPS, POCSO etc.
Shubham Bhardwaj (Advocate)
District & Session Court, Chandigarh
Punjab & Haryana High Court, at Chandigarh
Disclaimer:- Opinion is only for guidance.
NAMISHA OJHA 22 December 2021
As per your query, it is a right that is absolute and unbreakable enshrined in section 167(2) of CrPC. It stipulates that if the chargesheet has not been submitted by the investigating agency by the end of a defined period, the suspect is instantly allowed to request bail. It is also known as statutory bail or automatic bail. The goal of providing this bail is to speed up the inquiry, second, to protect the accused's personal liberty, and third, to serve social justice throughout the long term. it is also not subject to discretion of the court and can be applied automatically if the conditions of this bail are fulfilled.
Hope this helps. Thank you.
Archana Pandey 20 January 2022
In a summarised manner, A bail which is given to the accused early if investigation agency fails to respond in stipulated time, comes under Sec 167(2)crpc 1973.
Megha 22 January 2022
Thank you for the response. Could you pleaase elaborate further with regards to the procedure around this?
Archana Pandey 22 January 2022