Default bail under CrPC accrues when investigation is unfinished and no valid final report is on record within time.

Section 167(2) CrPC confers an indefeasible right to default bail when investigation is not completed and a valid final report is not on record within the prescribed period, provided the accused applies before a valid charge-sheet is filed. The Court noted that a paper styled as a charge-sheet, which was returned and re-presented after delay, did not show completed investigation; the later filing also indicated further investigation was still pending. On that basis, mere presentation of documents did not defeat the statutory right, and the refusal of bail was unsustainable. The right was also linked to personal liberty under Article 21.

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Issues: Whether the petitioner was entitled to statutory bail under Section 167(2) of the Code of Criminal Procedure, 1973 on the ground that the investigation had not culminated in a valid final report within the prescribed period.

Analysis: The statutory scheme under Section 167(2) of the Code of Criminal Procedure, 1973 requires completion of investigation and filing of the final report within the prescribed period, failing which the accused acquires an indefeasible right to be released on bail if an application is made before a valid charge-sheet is on record. The Court noted that although a charge-sheet was presented within time, it was returned, re-presented after substantial delay, and the later filing itself indicated that further investigation was still pending. In these circumstances, the mere presentation of papers styled as a charge-sheet did not amount to completion of investigation for purposes of denying default bail. The right to default bail was also treated as part of the protection of personal liberty under Article 21 of the Constitution of India.

Conclusion: The petitioner was entitled to statutory bail and the refusal of bail by the trial court was unsustainable.

Ratio Decidendi: Where the final report is not validly on record within the statutory period and the investigation is not shown to have been completed, the accused acquires an indefeasible right to default bail upon making a timely application.

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