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Introduction

Default bail is a fundamental right of an accused as per Section 167(2) of Cr.PC. Default bail is provided to an accused if the investigating authority fails to file the chargesheet within the stipulated time. The right to default bail is an important part of the criminal justice system as it ensures that the accused is not kept in jail for an indefinite period of time due to delays in the investigation process. Default bail is also an important part of the right to a speedy trial as laid down in the Indian Constitution.

Understanding Default Bail

Default bail is a fundamental right of an accused as per Section 167(2) of Cr.PC. This provision states that if the investigating authority fails to file the chargesheet within the stipulated time, then the accused shall be released on default bail. The purpose of default bail is to ensure that the accused is not kept in jail for an indefinite period of time due to delays in the investigation process. This provision also serves to protect the accused’s right to a speedy trial, as provided in the Indian Constitution.

Default bail is different from anticipatory bail in that it is only granted if the investigating authority fails to file the chargesheet within the stipulated time. Anticipatory bail, on the other hand, is granted when the accused has reasonable grounds to believe that he may be arrested for a cognizable offence. Default bail is also different from regular bail in that it is provided without any conditions being imposed. This means that the accused does not have to provide any security, pay any fines, or meet any other conditions in order to be released on default bail.

Stipulated Time for Filing Chargesheet

Section 167(2) of Cr.PC states that the investigating authority has to file the chargesheet within the stipulated time. The stipulated time for filing the chargesheet varies depending on the type of offence. For offences punishable with a maximum sentence of imprisonment for seven years or less, the stipulated time is sixty days from the date of the accused’s arrest. For offences punishable with a maximum sentence of imprisonment for more than seven years, the stipulated time is ninety days from the date of the accused’s arrest. If the investigating authority fails to file the chargesheet within the stipulated time, then the accused shall be released on default bail. However, the investigating authority may seek an extension of time from the court if it believes that there are extenuating circumstances that prevented it from filing the chargesheet within the stipulated time.

Implications of Default Bail

Default bail is an important part of the criminal justice system as it ensures that the accused is not kept in jail for an indefinite period of time due to delays in the investigation process. This provision also serves to protect the accused’s right to a speedy trial, as provided in the Indian Constitution. Default bail also has some implications for the prosecution. If the accused is released on default bail, then the prosecution has to prove its case without the benefit of having the accused in custody. This can be difficult, as the prosecution may not have access to all the evidence it needs to build a strong case against the accused.

Conclusion

Default bail is an important fundamental right of an accused as per Section 167(2) of Cr.PC. This provision states that if the investigating authority fails to file the chargesheet within the stipulated time, then the accused shall be released on default bail. The purpose of default bail is to ensure that the accused is not kept in jail for an indefinite period of time due to delays in the investigation process. Default bail is also an important part of the right to a speedy trial as laid down in the Indian Constitution.