In Brief
Two accused were arrested and remanded in custody on a serious charge involving death. After the 90-day statutory investigation period expired, no valid charge-sheet was before the Magistrate because the first one filed was returned for non-compliance with a High Court order requiring investigation by a gazetted officer. The accused applied for default bail under Section 167(2) CrPC. The Supreme Court held that an indefeasible right to bail accrues upon expiry of 90 days if no charge-sheet is on record, and the High Court's order merely recording a submission did not extend the statutory period. The Court allowed the appeal and directed the appellants' release on bail, noting the Code permits no extension absent special legislation.
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