Default bail under CrPC can be cancelled under Section 439(2) when the release order is illegal or erroneous.

Bail granted under Section 167(2) CrPC is treated as bail under Chapter XXXIII, and Section 439(2) empowers the High Court or Court of Session to direct that a person released on bail be arrested and committed to custody. The power to cancel such bail is distinct from cancellation based on subsequent misconduct or new facts. Where the default-bail order is shown to be illegal or erroneous, the superior court may set it aside and cancel the bail under Section 439(2). The text states that cancellation of the bail granted under Section 167(2) was legally permissible and that restoration of the Sessions Court's order was justified.

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Issues: Whether bail granted under Section 167(2) of the Code of Criminal Procedure, 1973 could be cancelled under Section 439(2) of that Code when the release on bail was alleged to be illegal or erroneous.

Analysis: Section 167(2) deems a person released on default bail to be released under Chapter XXXIII, and Section 439(2) expressly empowers the High Court or the Court of Session to direct that any person released on bail be arrested and committed to custody. The power to cancel bail in such a situation is distinct from cancellation on the ground of subsequent misconduct or new facts. Where bail is granted on an erroneous or illegal basis, the superior court may set aside that order and cancel the bail under Section 439(2).

Conclusion: The cancellation of the bail granted under Section 167(2) was legally permissible, and the restoration of the Sessions Court's order was justified.

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