How to get default bail in a serious non-bailable offence when the police don’t file a charge sheet?
An indefeasible right accumulates in favour of the accused of being released on bail if the police fail to accomplish the probe and no charge sheet is filed within the period of 90 or 60 days, under Section 167 (2) of Code of Criminal Procedure, 1973.
Supreme Court in Criminal Appeal No. 1218 of 2018 @ Special Leave Petition (Criminal) No. 6453 of 2018 titled Achpal @ Ramswaroop & Another Vs State of Rajasthan, AIR 2018 SC 4647 held as under-
The letter of and spirit behind the enactment of Section 167 of the Code as it currently stands mandates that the investigation ought to be completed within the period set. Ideally, under the Code’s provisions, the investigation must be accomplished within the first 24 hours itself. Further, under sub-section (1) of Section 167, if it appears that the investigation cannot be accomplished within the period of twenty-four hours timeframe fixed by Section 57, the concerned officer must transmit the entries in the journal relating to the case and at the same time forward the accused to such Magistrate.
After that, it is for the Magistrate to consider if the accused be remanded to custody or not. Sub-Sec. (2) then prescribes certain restrictions on the exercise of the power of the Magistrate, and the proviso stipulates that the Magistrate cannot authorize the detention of the accused in custody for a total period exceeding 90 days or 60 days, as the case may be. It is further stipulated that on the termination of such period of 90 and 60 days, as the case may be, the accused individual shall be released on bail if he is prepared to and does furnish bail.
The liberty of a person is a matter of significant constitutional importance in our system of governance. Moreover, the liberty of the citizen is priceless freedom sedulously secured by the Constitution of India. Personal liberty is one of the prized objects of the Indian Constitution, and deprivation of the same can be only by the law and in conformity with the provisions thereof, as stipulated in Article 21 of the Constitution of India