Default bail under criminal procedure expires once the charge-sheet is filed if not claimed during the period of default.

The right to default bail for failure to file the charge-sheet within the prescribed time is enforceable only while the statutory default continues; once the charge-sheet is filed, that right cannot be claimed later as an indefeasible entitlement if it was not exercised earlier. Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 does not exclude the operation of the proviso to Section 167(2) of the Code, but that position gives no relief where the default-bail right has already lapsed. The claim based on default bail was therefore unavailable after filing of the charge-sheet, and bail was not granted on that basis.

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Issues: (i) Whether the right to bail under the proviso to Section 167(2) of the Code of Criminal Procedure, 1973 survives after the charge-sheet is filed, even though the accused did not seek bail while the default continued; and (ii) whether Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 could defeat the claim based on Section 167(2) of the Code.

Issue (i): Whether the right to bail under the proviso to Section 167(2) of the Code of Criminal Procedure, 1973 survives after the charge-sheet is filed, even though the accused did not seek bail while the default continued.

Analysis: The statutory right to be released on bail for failure to complete investigation and file the charge-sheet within the prescribed time is enforceable only during the period of default. Once the charge-sheet is filed, that right does not continue to remain available if it was not exercised earlier. The accused may obtain release if the application is made during the period when the right has accrued, but the right cannot be invoked later after filing of the charge-sheet as an indefeasible claim.

Conclusion: The claim based on the proviso to Section 167(2) of the Code was not available after filing of the charge-sheet and was therefore rejected.

Issue (ii): Whether Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 could defeat the claim based on Section 167(2) of the Code.

Analysis: The legal position recognised was that Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 does not exclude the operation of the proviso to Section 167(2) of the Code. However, that principle did not assist the appellant because the charge-sheet had already been filed and the statutory right based on default had ceased to be enforceable.

Conclusion: Section 37 did not bar the operation of Section 167(2), but the appellant still was not entitled to bail on the facts.

Final Conclusion: The appeal did not succeed, and the dismissal left the order refusing bail undisturbed while directing expeditious trial.

Ratio Decidendi: The right to default bail under Section 167(2) of the Code is available only until the charge-sheet is filed and is not enforceable thereafter if it was not exercised during the period of default.

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