The term ‘bail’ means a kind of security or bond which is given to release a person from prison.
The ground of arrest and the ground for release have to be counter balanced before granting a bail. In case of bailable Offences the balance is already in favour of the accused by the Legislature. However in cases of non-bailable offences the balance has to be drawn keeping in mind the interests of the accused and that of the society by the court.
DEFAULT BAIL
If the police are unable to complete an investigation within a specified period, a person in judicial custody has the right to seek bail. Such bail is called Default or statutory or compulsive Bail.
• Default bail is given in S-167 of Cr.P.C.
• S-167(1)which when read with S-57 of CrPC says that if any accused is arrested or detained in custody and whose investigation is not completed within 24 hours, he is to be presented forthwith before the nearest magistrate by the police officer.
• According to Section 167(2) of the CrPC, upon production of the accused before the magistrate by the police officer, the magistrate can order police custody or judiciary custody, as the case may be, the maximum period for which police custody is allowed only 15 days from the date of production of accused person before a magistrate. Beyond 15 days only judicial custody is allowed, however, the accused cannot be held for more than:
• Ninety days if the investigating authority is handling a crime that is punishable by death, life imprisonment, or imprisonment for at least ten years.
• Sixty days if the investigating authority is handling other cases.
• Women who is a minor, is sent in the custody of a remand home or recognised social institution.
• Only on the expiry of the said period of 60/90 days custody given by the magistrate if police report is not filed the right of default bail arises and bail is given as per provisions of chapter 33 of Cr.P.C.
• As per S167(2A) the accused can be presented before an Executive Magistrate having similar authority and can order by recording the reason for the detention in police custody or judicial custody for a maximum of 7 days.
• On the expiry of 7 days the accused is released on bail and if further investigation is required, the accused is to be transferred to the nearest judicial magistrate who while ordering further custody will compute the time of custody ordered by the executive magistrate.
• As per S167- (5) and (6) in summons case if the investigation is not concluded within 6 months, magistrate can order stopping of further investigation until special reason is justified owning to which magistrate may or may not allow further investigation and other directions regard to bail.
• Failure of furnishing bail bond, or filing of charge sheet after the moving of bail application but before granting of the same defeats the right of default bail of the accused.
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