[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-III

Q.11 The default period applicable for the offence is 60 days. Q.12 Is not the accused entitled to default bail on the expiry of the period under the proviso to Section 167 Cr.P.C even without a written application for bail? In Hussainara Khatoon v. Home Secretary, State of Bihar AIR 1979 SC 1369 – P. N. Bhagwati, D. A. Desai - JJ and Hussainara Khatoon v. Home Secretary, State of Bihar AIR 1979 SC 1377 – 3 Judges – P. N. Bhagwati, O. Chinnappa Reddy, A. P. Sen – JJ, the Supreme Court held that the accused has a right to the informed of his indefeasible right to seek default bail and that the State has even a responsibility to provide legal aid to the accused so as to enable him to make an application for default bail. If in a given case, noticing that the charge sheet has not been filed within 90 days the accused orally seeks bail on the 91st day and soon thereafter the charge sheet is filed and thereupon the Court asks the accused to file a regular bail application, the accused will be disabled from moving the superior Court for default bail as he would not be able to substantiate his contention that he had made an oral request for default bail before the filing of the Police Report The statutory right to default bail of the accused under Section 167 Cr.P.C. 477 – 5 Judges - A. M. Ahmadi, J. S. Verma, P. B. Sawant, B. P. Jeevan Reddy, N. P. Singh – JJ, that the indefeasible right of the accused to bail does not survive or remain enforceable on the challan being filed, if already not availed of, must be understood to mean that the accused must have filed an application for default bail after the lapse of the periods under Section 167 Cr.P.C.