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Abdulkareem m abdulla   07 December 2021

Default Bail

could anyone explain what default Bail is?


 5 Replies

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

Hi Archana, 

Thank you for the response.  Could you pleaase elaborate further with regards to the procedure around this?

Thank you

Archana Pandey   22 January 2022

  • Under 167 CrPC, when the charge sheet has not been filed within 60 days or 90 days or in a stipulated time period or we can say when the investigation remained incomplete within the given time period in such circumstances accused is entitled in such bail known as default bail.
  • The right to default bail becomes complete if the application which need not to be in writing, granting a bail is made on the expiry of the 90 days prior to the filing of the charge sheet. 

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