What is Default Bail (Statutory Bail)?
Default bail, also known as statutory bail or compulsive bail, is a fundamental right of an accused under Section 167(2) of the Criminal Procedure Code, 1973. It comes into play when the investigating agency fails to complete the investigation and file a chargesheet within the statutory period — 60 or 90 days depending on the offence.
📋 Key Fact: Default bail is a RIGHT, not a discretion of the court. If the chargesheet is not filed within 60 or 90 days, the accused is entitled to bail regardless of the gravity of the offence — even in murder, NDPS, or POCSO cases.
The 60-Day and 90-Day Rule
- 60 Days: For offences punishable with imprisonment of less than 10 years
- 90 Days: For offences punishable with death, life imprisonment, or imprisonment of 10 years or more
- The clock starts from the date the accused is first produced before the magistrate, not from the date of arrest
How to Apply for Default Bail in Kolkata
- Your lawyer files a bail application specifically invoking Section 167(2) CrPC
- The application states that 60/90 days have elapsed since the first remand and no chargesheet has been filed
- The court verifies the remand dates and chargesheet status
- If no chargesheet is on record, the court MUST grant bail — this is non-discretionary
- You furnish the bail bonds as directed by the court
Important Supreme Court Rulings
- Ritu Chhabaria v. Union of India (2023): Default bail is a fundamental right under Article 21. The right cannot be defeated by filing an incomplete chargesheet.
- Bikramjit Singh v. State of Punjab (2020): The right to default bail is indefeasible — once it accrues, it cannot be taken away by subsequently filing the chargesheet.
- M. Ravindran v. Intelligence Officer (2020): Default bail provisions apply equally to special statutes like NDPS Act and UAPA.
⚠️ Critical: You must APPLY for default bail. It is not automatic. If you don't apply before the chargesheet is filed, the right is lost. Contact a criminal lawyer in Kolkata immediately if you're approaching the 60/90-day mark in custody.