Default Bail II

Government of India may consider introduction of a separate enactment [Bail Act] to streamline grant of bails.


Section 167(2) of The Code of Criminal Procedure, 1973 was introduced in 1978. This provision has got a laudable object behind it, which is to ensure an expeditious investigation and a fair trial. This is also another limb of Article 21. Presumption of innocence is also inbuilt in this provision. An investigating agency has to expedite process of investigation as a suspect is languishing under incarceration. Thus, a duty is enjoined to complete an investigation within time prescribed and a failure would enable release. Such a right cannot be taken away even during any unforeseen circumstances, as held by this Court in M. Ravindran v. Directorate of Revenue Intelligence, (2021) 2 SCC 485. As a consequence of a right flowing, Courts will have to give due effect to it. 

Hon’ble Justice M.M. Sundresh, Satender Kumar Antil v. Central Bureau of Investigation, [Miscellaneous Application No. 1849 of 2021 in Special Leave Petition (Criminal)( No. 5191 of 2021].