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Jain Legal Chambers
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Background and Arrest

The case involved allegations of large-scale financial misappropriation from a government department. The accused was arrested and remanded to custody while the investigation continued. The statutory 90-day period for filing the chargesheet expired without submission by the investigating agency.

Filing of Default Bail Application

On the 90th day, before 10:00 AM, the accused filed an application for default bail under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita (previously Section 167(2) CrPC). Official records from the filing branch confirmed that the bail application was registered prior to the presentation of the chargesheet.

Prosecution’s Stand

The prosecution opposed the plea on the grounds of the seriousness of the offence and the gravity of financial fraud involved but did not dispute that the bail application was filed before the challan.

Court’s Findings and Legal Principle

The Court reaffirmed that the right to default bail is an indefeasible statutory right that arises upon expiry of the prescribed investigation period. Once the accused avails this right, it cannot be nullified by subsequent filing of a chargesheet. Citing M. Ravindran v. Intelligence Officer and Enforcement Directorate v. Kapil Wadhawan, the Court emphasized that the right to default bail is protected under Article 21 of the Constitution as part of due process.

Order and Direction

The Court set aside the order denying bail and directed the release of the accused on default bail upon furnishing bonds to the satisfaction of the Magistrate. It held that judicial discretion cannot override an accrued statutory right.