Default bail may be cancelled after charge-sheet if custody is justified on recognised grounds.

Bail granted as statutory default bail under proviso (a) to Section 167(2) of the Code of Criminal Procedure is not an adjudication on merits and does not confer any special immunity from cancellation. After the charge-sheet is filed and the default is cured, the prosecution may seek cancellation under Section 437(5) or Section 439(2) if there are sufficient grounds showing that the accused has committed a non-bailable offence and custody is necessary. The seriousness of the alleged offence remains a relevant factor. The cancellation of bail was upheld and the challenge failed.

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Issues: Whether bail granted under proviso (a) to Section 167(2) of the Code of Criminal Procedure could be cancelled after filing of the charge-sheet, and whether an released on such default bail acquires a special right to remain on bail.

Analysis: Release under proviso (a) to Section 167(2) is an order on default and not an adjudication on the merits of the case. Once the charge-sheet is filed and the defect is cured, the prosecution may seek cancellation of bail under Section 437(5) or Section 439(2) of the Code of Criminal Procedure if there are sufficient grounds showing that the accused has committed a non-bailable offence and that custody is necessary. The grant of default bail does not create any special immunity from cancellation, and the seriousness of the alleged offence is a relevant consideration for that purpose.

Conclusion: The bail granted under Section 167(2) was liable to be cancelled, and the High Court's order cancelling bail was sustained.

Final Conclusion: The challenge to the cancellation of bail failed, and the petitions were rejected, leaving the accused in custody.

Ratio Decidendi: Bail granted for statutory default under Section 167(2) is not bail on merits and may be cancelled after filing of the charge-sheet under Section 437(5) or Section 439(2) if custody is justified on recognised grounds.

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