Default bail requires actual furnishing of bail; a mere application is insufficient once the challan is filed first.

The default bail right under the proviso to Section 167(2) of the Code of Criminal Procedure is availed only when the accused actually furnishes bail, not by merely filing an application expressing readiness to do so. Explanation I supports the position that custody continues until bail is furnished. If the challan is filed before bail bonds are furnished, the special default right ends and custody is governed by the other provisions of the Code. On that reasoning, the refusal of default bail was upheld and the challenge failed.

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Issues: Whether the accused could claim release on default bail under the proviso to Section 167(2) of the Code of Criminal Procedure, 1973 by merely filing an application expressing readiness to furnish bail, even though the challan was filed before bail bonds were furnished.

Analysis: The statutory scheme of Section 167(2) makes release on expiry of the prescribed period conditional not only on the accused being prepared to furnish bail, but also on actual furnishing of bail. Explanation I to the provision reinforces that custody continues until bail is furnished. The reasoning also draws support from the principle that once the challan is filed and the court takes cognizance, the custody is thereafter governed by the other provisions of the Code and the special default right under Section 167(2) comes to an end if it has not already been availed of. Mere filing of an application for bail does not complete the availing of that right.

Conclusion: The right under the proviso to Section 167(2) was not availed of merely by filing the bail application, and the filing of the challan before bail bonds were furnished extinguished the default right.

Final Conclusion: The challenge to the refusal of default bail failed, and the appeal was dismissed.

Ratio Decidendi: The default right under the proviso to Section 167(2) of the Code of Criminal Procedure, 1973 is enforceable only until challan is filed and is availed of only when the accused actually furnishes bail, not by a mere application expressing willingness to do so.

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