Default bail after expiry of investigation period was granted despite Covid-era limitation extension.

Expiry of the statutory period for completing investigation and filing the charge-sheet gave the accused an indefeasible right to default bail once the application was filed after that expiry and the investigation remained pending. The court held that the Supreme Court's Covid-19 extension of limitation did not extend the police investigation period or the time limit for completion of investigation under the relevant criminal procedure framework. As the prescribed period had lapsed and the bail conditions were satisfied, default bail was granted, with Article 21 personal liberty also noted as reinforcing the result.

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Issues: Whether the applicant was entitled to default bail despite the extension of limitation ordered by the Supreme Court during the Covid-19 pandemic.

Analysis: The application concerned default bail and not an assessment of the merits of the accusation. The Court treated the Supreme Court's general extension of limitation as not extending to police investigation or the statutory time for completion of investigation and filing of the charge-sheet. It accepted that the statutory period had expired, the applicant had moved the default bail application after expiry of that period, and the investigation was still pending. On settled principles, expiry of the prescribed period gives the accused an indefeasible right to be released on bail if bail is sought and the conditions are satisfied. Personal liberty under Article 21 was also emphasised.

Conclusion: The applicant was entitled to default bail and was ordered to be released on furnishing the prescribed bond and sureties subject to conditions.

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