Default bail under Section 167(2) CrPC cannot be revived through a belated application filed after the statutory right accrued.

A default bail claim under Section 167(2) CrPC must be asserted when the statutory right accrues; a belated application filed after expiry of the period and after an earlier bail plea has been dismissed cannot be treated as if it were filed on the relevant date. The petitioner had not invoked the statutory bail contention when the right first arose, and the complaint had already been filed before that point. The Special Court therefore could not be compelled to number or hear the later application as a default bail petition, and the claim to statutory bail failed.

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Issues: Whether the petitioner could compel the Special Court to entertain a default bail application under Section 167(2) of the Code of Criminal Procedure, 1973, when the application was filed after the statutory period had expired and after a prior bail application had already been dismissed.

Analysis: The right to default bail accrued on the expiry of the statutory period, but the complaint had already been filed before that date. The petitioner did not move the default bail application on the date the right accrued. Instead, the application was filed much later, after an earlier bail petition had been dismissed without raising the statutory bail contention. The Court held that a belated application cannot be treated as if it were filed on the date when the right accrued, and the Special Court could not be directed to entertain it on that basis.

Conclusion: The petitioner was not entitled to have the belated default bail application numbered and heard, and the claim to statutory bail under Section 167(2) of the Code of Criminal Procedure, 1973 failed.

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