Default bail remains effective despite later filing of charge-sheet before physical release, and the release right continues.

A bail order granted under the default-bail proviso to Section 167(2) CrPC remains effective even if a complaint or charge-sheet is filed before the accused is physically released. Once the accused has applied and the court has passed the bail order, the later filing of the complaint does not extinguish the right to release. The phrase "if not already availed of" does not require actual physical release before filing, and pending compliance steps such as furnishing sureties or executing bonds do not invalidate the order. The accused remained entitled to release under the original bail order.

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Issues: Whether a bail order granted under the first proviso to Section 167(2) of the Code of Criminal Procedure becomes ineffective or stands automatically cancelled merely because a complaint or charge-sheet is filed before the accused is actually released from custody.

Analysis: Bail granted under the default-bail provision is as effective as bail granted on merits. Once the accused has applied for bail and the court has passed a bail order, the subsequent filing of the complaint or charge-sheet does not extinguish the right to be released. The expression "if not already availed of" does not mean that actual physical release must have occurred before filing of the complaint or charge-sheet. A pending process of furnishing sureties or execution of bonds does not render the bail order ineffective, nor does filing of the complaint automatically cancel it.

Conclusion: The bail order did not stand cancelled or extinguished on the filing of the complaint, and the accused remained entitled to be released in terms of the original bail order.

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