Default bail under CrPC accrues when charge-sheet is delayed beyond the prescribed period in a five-year GST offence.

An offence under Section 132 of the Central Goods and Services Tax Act, 2017 carrying a maximum sentence of five years attracted the 60-day charge-sheet period under Section 167(2) CrPC. Because the investigating agency did not file the charge-sheet within that period, the applicant's statutory right to default bail accrued. The court applied the settled principle that once the prescribed period expires without filing of the charge-sheet, the right to bail becomes indefeasible. The applicant was therefore entitled to default bail and was directed to be released on bail, subject to stringent conditions.

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Issues: Whether the applicant was entitled to default bail under Section 167(2) of the Code of Criminal Procedure, 1973 for an offence under Section 132 of the Central Goods and Services Tax Act, 2017 when the charge-sheet was not filed within 60 days.

Analysis: The offence alleged under Section 132 of the Central Goods and Services Tax Act, 2017 carried a maximum sentence of five years. For such offences, the investigating agency was required to file the charge-sheet within 60 days under Section 167(2) of the Code of Criminal Procedure, 1973. Since the charge-sheet had not been filed within that period, the statutory right to default bail accrued to the applicant. The decision also noted the settled principle that once the stipulated period expires without filing of the charge-sheet, the right to bail becomes indefeasible.

Conclusion: The applicant was entitled to default bail and was directed to be released on bail, subject to stringent conditions.

Ratio Decidendi: Where the offence is punishable with imprisonment of up to five years and the charge-sheet is not filed within 60 days, the accused acquires an indefeasible right to default bail under Section 167(2) of the Code of Criminal Procedure, 1973.

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