In Brief
The Supreme Court clarified the scope of the indefeasible right to default bail under Section 167(2) CrPC. An accused is deemed to have exercised this right once he files a bail application and offers to abide by bail conditions—not when he is actually released. Filing of a chargesheet or additional complaint after a bail application is filed does not extinguish this right if the application was made within the statutory period for investigation completion. However, if the accused fails to apply for bail when the right accrues, and prosecution subsequently files a chargesheet, the right is lost. The Court held that the right to default bail is an integral part of Article 21 (personal liberty) protections and must be enforced promptly to prevent prosecutorial abuse.
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