Default bail accrues when the statutory filing period expires, and a later supplementary charge sheet cannot defeat it.

The right to default bail arises when investigation is not completed and the charge sheet is not filed within the statutory period, reflecting a strong protection of personal liberty. In a UAPA investigation, the charge sheet was filed after expiry of 180 days, so the accused became entitled to default bail. A later supplementary charge sheet could not extend the filing period or defeat the accrued right, because it was filed after the statutory default had already occurred. The impugned orders were therefore set aside and release on default bail was ordered on terms fixed by the trial court.

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Issues: (i) Whether the appellant was entitled to default bail under Section 167(2) of the Code of Criminal Procedure, 1973 when the charge sheet in respect of the UAPA offence was filed after expiry of 180 days. (ii) Whether the filing of a later charge sheet described as supplementary could defeat the right to default bail.

Issue (i): Whether the appellant was entitled to default bail under Section 167(2) of the Code of Criminal Procedure, 1973 when the charge sheet in respect of the UAPA offence was filed after expiry of 180 days.

Analysis: The right to default bail arises when the investigation is not completed and the charge sheet is not filed within the period prescribed by law. The constitutional protection of personal liberty gives this right a special status, and once the statutory conditions are satisfied, release on bail follows. On the facts, the UAPA charge sheet was not filed within 180 days.

Conclusion: The appellant was entitled to default bail.

Issue (ii): Whether the filing of a later charge sheet described as supplementary could defeat the right to default bail.

Analysis: A supplementary charge sheet cannot be used to extend the maximum period for filing the charge sheet so as to postpone or defeat the accrued right to default bail. Since no charge sheet under the UAPA offence was filed within the prescribed period and the later filing occurred after expiry of 180 days, the delayed filing could not cure the default.

Conclusion: The later supplementary charge sheet did not defeat the appellant's right to default bail.

Final Conclusion: The impugned orders were set aside and the appellant was held entitled to release on default bail on terms to the satisfaction of the trial court.

Ratio Decidendi: The right to default bail under the first proviso to Section 167(2) of the Code of Criminal Procedure, 1973 becomes enforceable once the prescribed period expires without a valid charge sheet, and a supplementary charge sheet filed thereafter cannot extinguish that accrued right.

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