In Brief
This case concerns the right to "default bail" under Section 167 of the Code of Criminal Procedure. A former chairman of the Assam Public Service Commission was arrested in a corruption case involving charges carrying sentences up to 10 years. The core issue was whether he was entitled to bail after 60 days or only after 90 days of detention without a charge sheet. The Court held that "imprisonment for a term not less than ten years" means a *minimum* of 10 years, so offences with maximum 10 years but lower minimum require bail after 60 days. The Court also ruled that the indefeasible right to default bail is not lost even if no formal written application was made, and cannot be defeated by filing a charge sheet after the accused has offered to furnish bail. The plea was allowed, emphasizing that personal liberty must not be compromised for perceived justice.
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