An accused is entitled to default bail under Section 167(2) of
Code of Criminal Procedure after the expiry of statutory period of remand and
non-filing of charge sheet by the police. An indefeasible right accrues in
favour of the accused for being released on bail if the police fail to complete
the probe and no charge-sheet is filed within the period of 90 days or 60 days
as the case may be. The accused concerned can be released on bail if he is
prepared to and furnishes the bail as directed by the magistrate/court.
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NEW INDIAN EXPRESS NEWSPAPER
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