Default bail under Section 167(2) can arise from constructive custody, and later charge-sheet filing does not defeat the accrued right.

The article explains that police surveillance in hospital, coupled with restrictions on movement, may amount to constructive custody for computing the statutory period under Section 167(2) CrPC. On that basis, the charge-sheet was filed after the 90-day limit, and the accused's accrued right to default bail was treated as having arisen. The text further states that this right is not defeated by a later filing of the charge-sheet or by passage of time, because default bail is granted by legislative command and not on merits, while the prosecution may still seek cancellation in accordance with law.

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Issues: Whether the petitioner was entitled to bail under Section 167(2) of the Code of Criminal Procedure, 1973 after filing of the charge-sheet, and whether the period during which he remained under police surveillance in hospital amounted to custody for computing the statutory period.

Analysis: The petitioner was kept under police surveillance while undergoing treatment in hospital, with restrictions on his movement, and that period was treated as custody for the purpose of Section 167(2). On that basis, the charge-sheet was filed after the expiry of the prescribed period of 90 days. The statutory right to bail under the proviso to Section 167(2) is an accrued right and is not defeated by the subsequent filing of the charge-sheet or by lapse of time. The Court also held that such bail is granted by legislative command and not on merits, while preserving the prosecution's liberty to seek cancellation under the relevant provisions.

Conclusion: The petitioner was entitled to default bail under Section 167(2) of the Code of Criminal Procedure, 1973, and the application was allowed.

Ratio Decidendi: For computing the period under Section 167(2), custody may include restrictive police surveillance amounting to constructive custody, and the accused's accrued right to default bail is not extinguished by the later filing of the charge-sheet.

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