Default bail rights survive incomplete investigation when the statutory period expires and further investigation continues.

Once the statutory period for investigation expired without completion, the accused acquired an indefeasible right to default bail. The filing of a charge-sheet that itself recorded that further investigation would continue under Section 173(8) of the Code of Criminal Procedure did not cure the default or postpone that right. The court held that a general assertion of continuing investigation, even if substantial progress had been made or other persons remained under inquiry, could not defeat release on bail once the prescribed period under Section 167 had expired. Default bail was therefore granted.

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Issues: Whether the petitioner was entitled to default bail on the ground that the statutory period for completion of investigation had expired and the charge-sheet filed was incomplete.

Analysis: The petitioner had remained in custody beyond the prescribed period, and the material on record showed that the charge-sheet itself recorded that investigation was still proposed to be continued under Section 173(8) of the Code of Criminal Procedure, 1973. The Court held that the mere assertion that further investigation was continuing against other persons, or that the investigating agency had substantially progressed, could not defeat the accused's right to bail once the statutory period under Section 167 had expired without completion of investigation. The pendency of further investigation under Section 173(8) did not cure the default or postpone the accrual of the right to bail.

Conclusion: The petitioner was entitled to default bail, and the bail application was allowed.

Final Conclusion: The accused acquired the statutory right to release on bail after expiry of the prescribed investigation period, and continuation of further investigation could not override that right.

Ratio Decidendi: Once the statutory period for investigation expires without completion, the accused acquires an indefeasible right to default bail, which is not defeated by a statement that further investigation will continue under Section 173(8) of the Code of Criminal Procedure, 1973.

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