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Issues: Whether an accused who had applied for regular bail under Section 439 of the Code of Criminal Procedure, 1973 and had expressed readiness to furnish bail could be treated as having availed of the right to default bail under Section 167(2) of the Code of Criminal Procedure, 1973 when the charge-sheet was filed after expiry of the statutory period.
Analysis: The statutory right to default bail arises on expiry of the prescribed period of detention if the accused is prepared to and does furnish bail. The provision does not require a formal application in any particular form, and courts must lean in favour of personal liberty rather than technicality. An application for bail filed after expiry of the statutory period, coupled with an expressed willingness to furnish surety, is sufficient in substance to invoke the right. The right under the proviso to Section 167(2) is a safeguard linked to Article 21 of the Constitution of India and cannot be defeated by an overly formalistic approach.
Conclusion: The application under Section 439 was sufficient to be treated as an invocation of the right to default bail, and the petitioner was entitled to be released on default bail.
Ratio Decidendi: Where the statutory period for filing the charge-sheet has expired, an accused avails the right to default bail once he applies for release and indicates readiness to furnish bail, irrespective of whether the application specifically cites Section 167(2) of the Code of Criminal Procedure, 1973.
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