CrPC 167 - Default Bail Archives - Shades of Knife

Bail Conditions – How to Avoid Cancellation of Bail

Suprajaa Rajan — Fri, 08 May 2026 07:22:39 +0000

Obtaining bail is often the first major legal relief in criminal litigation. Whether the accused secures anticipatory bail, regular bail, interim bail, or default bail, the grant of bail does not end legal responsibility. In fact, the real challenge begins after bail is granted. Many accused persons mistakenly believe: “Once I get bail, the risk […]

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Rakesh Kumar Paul Vs State of Assam on 16 Aug 2017

ShadesOfKnife — Wed, 17 Mar 2021 20:08:09 +0000

A 3-judge bench of Apex Court held as follows regards to default bail u/s 167 CrPC, From Para 4, Therefore, the question before us is whether, pending investigation, the petitioner could be kept in custody for a maximum period of 60 days in terms of clause (ii) of proviso (a) to Section 167(2) of the […]

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Fakhrey Alam Vs State of Uttar Pradesh on 15 Mar 2021

ShadesOfKnife — Wed, 17 Mar 2021 19:51:47 +0000

A Division bench of Supreme Court in this Order held as follows in regards to Default bail u/s 167 CrPC, On the second aspect we cannot lose sight of the fact that what was envisaged by the Legislature was that the investigation should be completed in 24 hours but practically that was never found feasible. […]

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Bikramjit Singh Vs State of Punjab on 12 Oct 2020

ShadesOfKnife — Tue, 10 Nov 2020 16:21:58 +0000

Supreme Court held that, the default bail that is available to an accused person u/s 167(2)(a) of CrPC, is part of the fundamental rights available to him/her under Article 21 of Constitution of India. From Para 28, A conspectus of the aforesaid decisions would show that so long as an application for grant of default […]

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Subhash Bahadur @Upender Vs State (NCT of Delhi) on 6 Nov 2020

ShadesOfKnife — Tue, 10 Nov 2020 16:11:39 +0000

Delhi High Court held that there is no need for filing an formal application seeking default bail, once the conditions set out in section 167(2)(a) are made out, as continued confinement violates fundamental right under Article 21. From Paras 32, 33 and 34, 32. A plain reading of the Proviso (a) to Section 167(2) of […]

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