Default bail and limitation extension: statutory bail did not arise during the Covid-19 lockdown period.

The Madras HC held that the statutory right to default bail under Section 167(2) of the Code of Criminal Procedure did not accrue during the Covid-19 lockdown, because the Supreme Court's binding order extending limitation covered the extraordinary disruption to investigation and court functioning. It treated the prescribed period for completing investigation as effectively suspended during the lockdown, so non-filing of the final report within the ordinary time limit did not entitle the accused to bail. The decision applies the Supreme Court's limitation-extending order to prevent default bail from arising where the delay was attributable to the pandemic-related emergency.

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Issues: Whether the petitioner was entitled to default bail under Section 167(2) of the Code of Criminal Procedure, 1973, during the Covid-19 lockdown in view of the Supreme Court's order extending limitation in all proceedings.

Analysis: Section 167(2) confers a statutory right to bail if investigation is not completed within the prescribed period. The Supreme Court's suo motu order, passed under Article 142 of the Constitution of India and declared binding under Article 141, extended the period of limitation to meet the extraordinary difficulties caused by the pandemic and nationwide lockdown. The Court treated the restriction on movement and the practical inability of investigating agencies and courts to function physically as circumstances covered by the spirit and purpose of that order. On that basis, the period prescribed for completing investigation was held to stand eclipsed during the lockdown, and the accused could not claim default bail by relying on the ordinary time limit under Section 167(2).

Conclusion: The petitioner was not entitled to default bail under Section 167(2) of the Code of Criminal Procedure, 1973.

Final Conclusion: The statutory right to default bail could not be invoked for non-completion of investigation during the Covid-19 lockdown period because the Supreme Court's limitation-extending order was treated as overriding the ordinary time computation.

Ratio Decidendi: Where investigation and filing of the final report are impeded by a binding Supreme Court order extending limitation during an extraordinary public emergency, the prescribed period under Section 167(2) of the Code of Criminal Procedure, 1973 is treated as suspended and default bail does not accrue.

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