Default bail remains enforceable once invoked before charge-sheet filing, and later investigation papers do not extinguish the accrued right.

An accused's right to default bail accrues on expiry of the statutory investigation period under Section 167(2) CrPC, but it becomes enforceable only if the accused applies for bail and offers to furnish bail before the charge-sheet is filed. Once that application is made, the court must decide it promptly by checking whether the statutory period has expired, whether a charge-sheet has been filed, and whether any valid extension is pending. The court cannot postpone the application so that the prosecution may file the charge-sheet in the meantime; later filing of the charge-sheet does not defeat the accrued right. The accused was therefore entitled to default bail.

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Issues: Whether an accused's right to default bail under Section 167(2) of the Code of Criminal Procedure survives where the bail application is filed after the statutory period expires but before the charge-sheet is filed, and the court does not decide the application before the charge-sheet is submitted.

Analysis: The statutory right to be released on default bail accrues on expiry of the prescribed investigation period, but it is enforceable only if the accused applies for bail and expresses readiness to furnish bail before the charge-sheet is filed. Once such an application is made, the court is bound to examine whether the statutory period has expired, whether a charge-sheet has been filed, and whether any valid application for extension is pending. The court cannot defeat the legislative mandate by adjourning the application so that the prosecution may file the charge-sheet in the meantime. The later filing of the charge-sheet does not extinguish the right if the accused had already invoked it before that filing.

Conclusion: The accused was entitled to default bail, and the later filing of the charge-sheet did not take away the accrued right.

Final Conclusion: The appeal failed because the High Court correctly protected the accused's statutory entitlement to default bail and the impugned order was left undisturbed.

Ratio Decidendi: Where an accused files a default-bail application after expiry of the statutory period and before filing of the charge-sheet, the court must decide it forthwith, and subsequent filing of the charge-sheet does not defeat the accrued indefeasible right.

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