Default bail under Section 167(2) CrPC lapses once the challan is filed before expiry of the full custody period.

The 90-day period under Section 167(2) CrPC was to be computed by excluding one terminal day, and Sections 9 and 10 of the General Clauses Act supported that method. On that calculation, the challan was filed before expiry of the full period, so the right to default bail was not available when the bail request was considered. Once the challan had been filed, the claimed indefeasible right no longer survived, and the order granting compulsive bail was unsustainable.

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Issues: Whether the right to compulsive or default bail under Section 167(2) of the Code of Criminal Procedure survived after filing of the challan, and whether the 90-day period had expired on the relevant date.

Analysis: The prescribed period of 90 days had to be computed by excluding one of the terminal days, and Sections 9 and 10 of the General Clauses Act supported that mode of computation. On that calculation, the challan was filed before the expiry of the full 90-day period. The right to compulsive bail was available only on the date the Court considered the bail request, and once the challan had been filed, the claimed indefeasible right no longer survived.

Conclusion: The order granting compulsive bail was and unsustainable; the accused were not entitled to default bail on the date the application was considered.

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