Default bail under criminal procedure becomes indefeasible when investigation time expires and no final report is filed

Expiry of the statutory period under Section 167(2) of the Code of Criminal Procedure gives an accused an indefeasible right to default bail if the final report has not been filed and the accused is ready to furnish bail. The commentary explains that this right is mandatory, not discretionary, and cannot be defeated by a subsequent filing of the charge-sheet. It also states that the Supreme Court's COVID-19 suo motu limitation extension applied to limitation periods for suits, appeals, applications and similar proceedings, but did not extend the investigation period under Section 167(2) absent express statutory authority.

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Issues: Whether the accused was entitled to default bail under Section 167(2) of the Code of Criminal Procedure, 1973 when the final report had not been filed within 90 days, and whether the Supreme Court's suo motu extension of limitation during the COVID-19 pandemic could enlarge the period for completing investigation.

Analysis: Section 167(2) limits the period for judicial custody during investigation and confers a right to release on bail once the prescribed period expires, provided the accused is prepared to furnish bail. The right is not a matter of discretion and becomes indefeasible on the expiry of the statutory period if the charge-sheet or final report has not been filed. The extension of limitation ordered in the suo motu proceedings was directed to limitation periods prescribed for suits, appeals, applications and similar proceedings under general or special laws; it did not create any power to extend the period for completion of investigation under Section 167(2). The statutory scheme of the Code does not permit any court to enlarge that period in the absence of an express legislative provision, and the subsequent filing of the final report cannot defeat a right that has already accrued.

Conclusion: The accused was entitled to default bail, and the suo motu extension order did not postpone or eclipse the operation of Section 167(2).

Final Conclusion: The application for default bail was allowed, with release directed on execution of bond and compliance with the imposed conditions, without affecting the power to seek cancellation of bail in accordance with law.

Ratio Decidendi: The expiry of the prescribed period under Section 167(2) of the Code of Criminal Procedure, 1973 creates an indefeasible right to default bail if the investigation is not completed and the final report is not filed, and that right cannot be defeated by a subsequent filing or by a general extension of limitation unless the statute expressly authorises extension of the investigation period.

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