days during investigations,
he had not applied for ‘default bail’, that is bail in default of the prosecution
filing a charge sheet against him soon ... petitioner, he is not entitled to ‘default bail’ but must apply for regular bail –
the ‘default bail’ chapter being now closed. We cannot agree
commonly referred to as ‘default bail’
or ‘compulsive bail’ as it is granted on account of the default of
the investigating agency in not completing ... before the accused
is released on bail, notwithstanding the fact that a bail
application on ground of default has already been filed.
14.1 The observations
police
within the stipulated period, the appellant is
entitled for default bail. The order of this Court
dated 23.03.2020 in no manner can be read ... bail which has been
termed by the judicial pronouncement to be
“compulsive bail” and such bail would be
deemed to be a bail under Chapter
released on
bail and if he is prepared to and does furnish bail, the
Magistrate shall release him on bail and such release shall ... bail. In our opinion an accused is
required to make an application if he wishes to be released
on bail on account of the ‘default
released on bail, if he is prepared to and furnishes the
bail as directed by the Magistrate.
4. When an application for bail is filed ... accused would be entitled to seek bail and the
court ‘shall’ release him on bail if he furnishes
bail as required by the Designated Court
case, we discuss the rights of such accused, whose right to
default bail, hangs in the balance by difference of a single day or even ... Counsel appear for the respondents who
were granted the benefit of default bail by the High
Court.
4. These Appeals are directed against the order
entitled
to 'default bail' but must apply for regular bail - the
'default bail' chapter being now closed. We cannot agree ... default bail and is willing to furnish bail then he is
deemed to have exercised his right to avail of bail and this
right cannot
application filed by the appellant on 03.10.2017 for
default bail under Section 167 (2) of the Code of Criminal
Procedure, 1973 (hereinafter referred ... time periods were
specified in the default of which the accused will have a
right to default bail, a valuable right.
If we look
entitled to
"default bail" but must apply for regular bail -- the
"default bail" chapter being now closed. We cannot agree ... furnish bail. The requirement is
of furnishing of bail. The accused does not have to make out
any grounds for grant of bail. He does
expired on 31 December 2019, the appellant submitted an
application for default bail to the Sub-Divisional Judicial Magistrate 30, which was
dismissed ... Special Court on 11 April 2019, thereby refusing to grant default
bail. The High Court then observed that since the investigation was being carried
