Default bail under criminal procedure runs from first remand, and the right arises once 90 days expire without a charge-sheet.

For default bail under Section 167(2) of the Code of Criminal Procedure, the 90-day period is computed from the date of first remand to judicial custody, not from the date of arrest. The court held that Section 167(2) restricts the Magistrate's power to authorise detention and that the date of remand is not excluded in counting the statutory period; the General Clauses Act does not alter that computation. On the facts, the default bail application was filed after expiry of 90 days and before filing of the charge-sheet, so the accused had acquired the statutory right to release on bail.

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Issues: Whether, for the purpose of default bail under Section 167(2) of the Code of Criminal Procedure, 1973, the date of first remand is to be included in computing the period of 90 days and whether the applicant had acquired the right to be released on bail before filing of the charge-sheet.

Analysis: Section 167(2) creates a limitation on the Magistrate's power to authorise detention and the statutory period of 90 days begins from the date on which the accused is first remanded to custody. The initial custody under Section 57 is followed by judicial authorisation under Section 167, and the period of authorised detention must be counted from the first remand order. The Court preferred the line of authorities holding that the date of remand is not to be excluded and that the General Clauses Act does not supply a different mode of computation for this provision. On the facts, the application for default bail was filed after the expiry of 90 days and before the charge-sheet was filed.

Conclusion: The date of first remand is included in computing the 90-day period, the applicant had acquired the statutory right to default bail, and the applicant was entitled to release on bail.

Ratio Decidendi: For purposes of Section 167(2) of the Code of Criminal Procedure, 1973, the period of 90 days is computed from the date of first remand and not from the date of arrest, and the accused acquires an indefeasible right to bail once that period expires without filing of the charge-sheet.

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