Default bail survives when a piecemeal chargesheet is filed before investigation is complete, and cognizance cannot cure it.

Where substantial investigation concerning the accused remained unfinished, filing a chargesheet within time did not extinguish the right to default bail under Section 167(2) CrPC. The Court held that an incomplete or piecemeal report cannot be treated as a completed investigation merely because it is filed within the statutory period, and later cognizance does not cure that defect. As the investigation was not complete in substance, the accused were entitled to statutory bail and the petition for cancellation failed.

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Issues: Whether the filing of a chargesheet within the statutory period, though described as incomplete and accompanied by continuing further investigation, defeats the accused's right to default bail under Section 167(2) of the Code of Criminal Procedure, 1973.

Analysis: The statutory scheme of Sections 167 and 173 of the Code requires completion of investigation within the prescribed period for continued detention during the investigation stage. The mere filing of a report does not by itself answer the question if the report is only piecemeal and substantial investigation regarding the accused and the alleged transaction remains unfinished. The right under Section 167(2) is intended to protect personal liberty and cannot be defeated by labeling an incomplete investigation as a final report. Cognizance taken by the trial court does not cure the defect where the investigation itself is not complete.

Conclusion: The chargesheet was incomplete in substance and the respondents were entitled to default bail. The impugned order granting statutory bail was /valid and the petition for cancellation failed.

Final Conclusion: The petition was dismissed, and the order granting default bail to the respondents was upheld on the ground that the investigation had not been completed within the meaning of Section 167(2) of the Code.

Ratio Decidendi: Where substantial investigation concerning the accused remains incomplete, filing of a piecemeal chargesheet within time does not extinguish the accused's right to default bail, and cognizance taken thereon does not alter that position.

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