Default bail under Section 167(2) CrPC cannot be defeated by a later charge-sheet once the statutory period expires.

The AP HC held that Section 167(2) CrPC confers an indefeasible right to default bail once the statutory investigation period expires without filing of the charge-sheet, provided the accused applies for bail and is ready to furnish the bond. That right must be considered immediately and cannot be defeated by a later filing of the final report after the bail application has been made. The merits of the allegations are irrelevant at this stage because default bail follows only from non-completion of investigation within time. The rejection orders were therefore unsustainable, and the petitioners were entitled to default bail.

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Issues: Whether the petitioners were entitled to default bail under Section 167(2) of the Code of Criminal Procedure, 1973 on expiry of the statutory period without filing of the charge-sheet, and whether such right could be defeated by later filing of the final report.

Analysis: The statutory scheme under Section 167(2) confers an indefeasible right to bail once the prescribed period for investigation expires without filing of the charge-sheet. That right is enforceable when the accused applies for bail and is prepared to furnish the required bond. The Court relied on the settled line of authority that the application for default bail must be considered forthwith and that the prosecution cannot defeat the accrued right by filing the charge-sheet after the application has been made. The merits of the accusation are irrelevant at this stage, since default bail is granted solely on failure to complete investigation within time.

Conclusion: The petitioners were entitled to default bail, and the orders rejecting their applications were unsustainable.

Ratio Decidendi: Once the statutory period for investigation expires without filing of the charge-sheet, and the accused applies for bail and offers to furnish it, the right to default bail becomes enforceable and cannot be defeated by a subsequent filing of the charge-sheet.

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