Default bail under Section 167(2) accrues when investigation is not completed within sixty days in a five-year offence case.

Where an accused is in custody for an offence punishable with imprisonment up to five years, the sixty-day statutory period under Section 167(2) of the Code of Criminal Procedure applies. If investigation is not completed and the final report is not filed within that period, an indefeasible right to default bail accrues, subject to furnishing bail on the conditions imposed. On the facts noted, the accused had remained in custody for 61 days without filing of the final report, so statutory bail was available and release on bail was ordered on execution of bond and compliance with the stipulated conditions.

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Issues: Whether the accused was entitled to statutory bail under Section 167(2) of the Code of Criminal Procedure, 1973, in a case alleging an offence punishable with imprisonment up to five years under the GST enactment.

Analysis: The accused had remained in judicial custody for 61 days, the investigation was not completed, and the final report had not been filed. For offences other than those punishable with death, life imprisonment, or imprisonment for not less than ten years, the statutory period under Section 167(2) is sixty days. On expiry of that period without completion of investigation, an indefeasible right to be released on bail accrues to the accused, subject to furnishing bail as directed.

Conclusion: The accused was entitled to statutory bail.

Final Conclusion: The application was allowed and release on bail was ordered on execution of bond and compliance with the stipulated conditions.

Ratio Decidendi: Where the investigation in a case punishable with imprisonment up to five years is not completed and the final report is not filed within sixty days of custody, the accused acquires an indefeasible right to default bail under Section 167(2) of the Code of Criminal Procedure, 1973.

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