The Supreme Court recently held that default bail cannot be claimed on the ground that the investigation is pending against other accused.
- The Code of Criminal Procedure (CrPC) provides for three kinds of bail. Section 438 provides for Anticipatory Bail; Section 439 provides for Regular bail whereas Section 167(2) provides for default/statutory bail.
- Default bail, also known as statutory bail, is a type of bail which accrues as a right to an accused detained in custody, when the police fail to or are unable to complete the investigation and file the chargesheet within the time frame stipulated under the law.
- When a person is arrested under any section of any act, there is an obligation on the arresting authority to complete the investigation within a specified time.
- This period is mandatory, and not obligatory.
- The statutory time frame for completing the investigation of offences under the IPC, and for filing of the charge sheet varies depending on the gravity of the offence.
- For offences punishable with imprisonment up to 10 years, the investigation must be completed within 60 days of arrest.
- For offences punishable with death, imprisonment for life, or imprisonment for more than 10 years, the investigation must be completed within 90 days of arrest.