Default bail under CrPC is not revived by later investigation once a complete complaint is filed in time.

Default bail under Section 167(2) CrPC was unavailable because the complaint was filed within the statutory period and contained the ingredients of the alleged offence. The Court held that once such a complaint is filed and cognizance is taken, continuing further or supplementary investigation under Section 173(8) does not make the complaint incomplete or revive the right to default bail. The enforceable right arises only when investigation remains pending and no charge-sheet or complaint is filed in time. The bail applications were therefore rejected.

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Issues: Whether the petitioners were entitled to default bail under Section 167(2) of the Code of Criminal Procedure, 1973 on the ground that the complaint was incomplete because further investigation continued after filing of the complaint and cognizance had been taken.

Analysis: The complaint was filed within the statutory period. The governing principle is that the right to default bail arises only when the investigation remains pending and the charge-sheet or complaint has not been filed within time. Once a complaint containing the ingredients of the alleged offence is filed and cognizance is taken, the mere fact that further or supplementary investigation continues does not render the complaint incomplete or revive the right to default bail. The Court relied on the settled position that further investigation under Section 173(8) of the Code of Criminal Procedure, 1973 may continue after filing of the main report, and that such subsequent investigation does not by itself invalidate the completed complaint.

Conclusion: The petitioners were not entitled to default bail, and the claim for release on that ground failed.

Final Conclusion: The applications for bail were rejected on the ground that the complaint was complete for purposes of Section 167(2) and the pendency of further investigation did not create an enforceable right to default bail.

Ratio Decidendi: Filing of a complaint or charge-sheet within the statutory period defeats the claim to default bail, and subsequent further investigation does not make that complaint incomplete unless the report itself fails to disclose the commission of the offence.

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