Statutory default bail cannot be defeated by a piecemeal charge-sheet when investigation remains incomplete.

Section 167(2) CrPC confers an indefeasible right to statutory bail when investigation is not completed within the prescribed period and the accused is ready to furnish bail. That right is not defeated by filing an incomplete or piecemeal charge-sheet, because the prosecution cannot split one investigation into separate reports to avoid default under Section 167(2). A partial final report filed within time for only one allegation did not cure the failure to complete investigation on the remaining offences, and Section 173(8) on further investigation does not validate such a report for denying default bail. The petitioner was therefore entitled to be enlarged on bail.

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Issues: Whether the petitioner was entitled to statutory bail under Section 167(2) of the Code of Criminal Procedure, 1973 on the ground that no complete charge-sheet had been filed within the prescribed period and the prosecution had resorted to a part charge-sheet.

Analysis: The custody of an accused during investigation is controlled by Section 167(2), which limits detention to the prescribed period and confers a right to bail on expiry of that period if the investigation is not completed and the accused is prepared to furnish bail. The Court applied the principle that the right is not defeated by an incomplete or piecemeal report. It held that the prosecution cannot split one investigation into separate reports so as to avoid the consequence of default under Section 167(2). The materials showed that the charge-sheet filed within time related only to the Foreigners Act allegation, while the investigation regarding the other serious offences was not completed within the statutory period. Section 173(8) permits further investigation, but it does not validate a partial final report for purposes of depriving the accused of statutory bail. The decision also relied on the distinction between remand before cognizance under Section 167 and remand after cognizance under Section 309.

Conclusion: The petitioner had earned the right to be released on statutory bail and the part charge-sheet did not defeat that right.

Final Conclusion: The application was allowed and the petitioner was ordered to be enlarged on bail subject to conditions.

Ratio Decidendi: Where the investigation is not completed within the period prescribed by Section 167(2), an accused acquires an indefeasible right to statutory bail, and that right cannot be defeated by filing only a piecemeal or partial charge-sheet while the remaining investigation continues.

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