Statutory bail under default-bail rules survives when an incomplete charge sheet is returned before cognizance.

Statutory bail under Section 167(2) CrPC depends on a valid and complete police report being filed within the prescribed period. An incomplete charge sheet that is returned by the Magistrate for further investigation before cognizance cannot defeat the accused's default-bail right, because mere filing of an incomplete report does not amount to placement of a complete report before the court for judicial consideration under Section 173. On that basis, the accused was held entitled to statutory bail, and the State's challenge failed.

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Issues: Whether the accused was entitled to statutory bail under Section 167(2) of the Code of Criminal Procedure, 1973 when the charge sheet was filed within the prescribed period but was treated as incomplete and returned for further investigation.

Analysis: The statutory right to default bail depends on a valid and complete police report being received within the prescribed time. Where the report filed within time is not complete and the Magistrate returns it for further investigation before taking cognizance, such an incomplete report cannot be used to defeat the accused's right under Section 167(2). The earlier filing of an incomplete charge sheet does not cure the failure to place a complete report before the court for judicial consideration under Section 173.

Conclusion: The accused remained entitled to statutory bail, and the order releasing him on bail was ; the challenge by the State failed.

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