Statutory bail under Section 167(2) CrPC was upheld where investigation remained incomplete and no valid report was filed in time.

Statutory bail under the proviso to Section 167(2) CrPC was held available where the earlier final report had been filed while the accused was absconding and investigation against him was not complete. The court treated the ninety-day custody period as running from the accused's actual custody, not from the earlier filing of the report, because further investigation and additional evidence were still required. A supplementary final report that had been returned as defective and was not validly re-presented within the statutory period did not defeat the bail right. Continued detention was therefore found unwarranted and bail was granted on conditions.

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Issues: Whether the petitioner was entitled to statutory bail under the proviso to Section 167(2) of the Code of Criminal Procedure, 1973, when the earlier final report had been filed before his arrest, the subsequent supplementary final report was returned as defective, and no valid final report had been re-presented within the statutory period after his custody began.

Analysis: The earlier final report was filed while the petitioner was absconding and, on the prosecution's own case, investigation against him was not complete. After his surrender, the remand materials showed that further investigation was being pursued and that additional evidence was required. The period of ninety days for custody under Section 167(2) was therefore treated as running only from the petitioner's actual custody on 17-11-2006. The supplementary final report filed later had been returned as defective and had not been re-presented or otherwise validly placed before court by the date of the bail application, so there was no valid final report within the statutory period.

Conclusion: The petitioner was held entitled to the benefit of statutory bail under the proviso to Section 167(2) of the Code of Criminal Procedure, 1973.

Final Conclusion: Continued detention was found unwarranted, and bail was granted on conditions.

Ratio Decidendi: Where investigation against an accused is not complete at the time an earlier report is filed behind his back, the statutory period under Section 167(2) runs from the accused's actual custody, and a defective supplementary report not validly re-presented does not defeat the right to statutory bail.

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