Default Bail Under Section 167(2) CrPC / Section 187 BNSS
An advocate seeking default bail must establish that the investigation was not completed and the chargesheet was not filed within the statutory period prescribed under Section 167(2) of the CrPC or Section 187 of the BNSS. The right accrues the moment the prescribed period expires while the accused is in custody, and the accused must have filed an application for bail before the chargesheet is actually filed. The core question is whether this right, once accrued, is indefeasible or can be defeated by a subsequent chargesheet.
Courts treat the right to default bail as a fundamental right flowing from Article 21 of the Constitution, as affirmed in Satender Kumar Antil v. Central Bureau of Investigation & Anr. The right is considered absolute and indefeasible once it accrues, provided the accused has applied for bail before the chargesheet is submitted. The listed cases, including Satender Kumar Antil and Manish Sisodia v. Directorate of Enforcement, clarify that this right cannot be frustrated by a belated filing, though the specific facts of each case are weighed by the court.
The leading cases
12 judgments · 12 Supreme Court · most-cited first
What LexPilot's research engine returns for this question, ranked by court and how often each judgment has been cited since. Read the full judgment before you rely on a holding.
- 1
P.K. Shaji @ Thammanam Shaji v. State of Kerala
2005 INSC 534Supreme Court · 2005cited 94,069 times
The Magistrate's order cancelling bail was legal and valid. The Sessions Court, while granting bail under Section 439 CrPC, had specifically empowered the Magistrate to consider violations and pass appropriate orders…
- 2
Arnesh Kumar v. State of Bihar & Anr.
2014 INSC 463Supreme Court · 2014cited 10,849 times
1. Section 41 CrPC is a mandatory checklist, not a formality: for offences carrying up to seven years, arrest requires (i) reasonable complaint/credible information/reasonable suspicion of a cognizable offence and (ii)…
- 3
Satender Kumar Antil v. Central Bureau of Investigation & Anr.
2022 INSC 690Supreme Court · 2022cited 9,001 times
Non-compliance with ss. 41 and 41A CrPC entitles an accused to bail as a right; these provisions are facets of Art. 21. The right to default bail under s. 167(2) is absolute and indefeasible and applies equally under…
- 4
Dataram Singh v. State of Uttar Pradesh & Anr.
2018 INSC 107Supreme Court · 2018cited 8,612 times
The Supreme Court allowed the appeal and granted bail to the appellant. The Court held that grant of bail is the general rule and incarceration is the exception. The discretion to grant bail must be exercised…
- 5
Lata Singh v. State of U.P. and Anr.
2006 INSC 407Supreme Court · 2006cited 8,302 times
A major individual has the right to marry anyone of their choice, including in an inter-caste marriage, and no offence is committed by such a couple or their supportive relatives. Criminal proceedings initiated due to…
- 6
Gian Singh v. State of Punjab & Another
2012 INSC 419Supreme Court · 2012cited 7,921 times
The inherent power of the High Court under s. 482 CrPC to quash criminal proceedings is distinct from the power of compounding under s. 320; s. 320 does not limit or restrict s. 482. The High Court may quash…
- 7
Nikhil Merchant v. Central Bureau of Investigation & Anr
2008 INSC 948Supreme Court · 2008cited 6,710 times
The Supreme Court allowed the appeal and quashed the criminal proceedings against the appellant. The Court held that, on an overall view of the facts and keeping in mind the compromise decree and the principle in B.S.…
- 8
Siddharam Satlingappa Mhetre v. State of Maharashtra and Others
2010 INSC 843Supreme Court · 2010cited 5,228 times
The High Court's order was not sustainable and was set aside. The Supreme Court, following the Constitution Bench in Sibbia, held: (a) s. 438 CrPC must be interpreted in light of Art. 21; (b) limitations in s. 437…
- 9
Gurbaksh Singh Sibbia Etc v. State of Punjab
1980INSC68Supreme Court · 1980cited 4,543 times
The Supreme Court held that the High Court and Court of Session should be left to exercise their jurisdiction under Section 438 by a wise and careful use of their discretion. While the power is extraordinary, it should…
- 10
Prasanta Kumar Sarkar v. Ashis Chatterjee & Anr.
2010 INSC 752Supreme Court · 2010cited 3,563 times
The Supreme Court set aside the High Court's bail order. The Court reiterated the eight factors governing bail applications under s.439 CrPC and held that a bail order that fails to advert to these factors suffers from…
- 11
Madan Mohan Abbot v. State of Punjab
2008 INSC 410Supreme Court · 2008cited 3,224 times
The Supreme Court allowed the appeal and quashed the FIR and all connected proceedings. The Court held that the dispute was purely personal, arising from business dealings, with no element of public policy. In such…
- 12
Manish Sisodia v. Directorate of Enforcement
2024 INSC 595Supreme Court · 2024cited 3,060 times
Right to bail in cases of delay coupled with prolonged incarceration must be read into s.439 CrPC and s.45 PMLA; s.45 PMLA does not bar such consideration. Appellant's fundamental right to liberty under Art.21 was…
Frequently asked questions
When exactly does the right to default bail under Section 167(2) CrPC accrue?
The right accrues the moment the statutory period of 60 or 90 days, as applicable, expires while the accused is in custody and the investigation is not complete. As held in Satender Kumar Antil v. Central Bureau of Investigation & Anr., this right is indefeasible and is a facet of Article 21 of the Constitution.
Can the right to default bail be extinguished if the chargesheet is filed after the accused has applied for bail?
No, the right to default bail is indefeasible once it has been validly exercised by filing an application before the chargesheet is submitted. The Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation & Anr. has made it clear that this absolute right cannot be defeated by a subsequent filing of the chargesheet.
Does the right to default bail apply to special statutes like the PMLA?
Yes, the right to default bail under Section 167(2) CrPC applies equally to investigations under special statutes. The Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation & Anr. confirmed this, and in Manish Sisodia v. Directorate of Enforcement, the court read the right to bail in cases of delay into Section 45 of the PMLA.
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- Cancellation of Bail Under Section 439(2) CrPC
- Quashing of FIR under Section 482 CrPC / Section 528 BNSS
- Quashing of FIR Under Section 498A and 406 IPC on Compromise
- Special Leave Petition Against Refusal of Bail