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The Code of Criminal Procedure, 1973, makes provision for the release of accused person on default.
The accused under sec.167(2) is to be released on bail if the prosecution has not filed a charge sheet within the prescribed time.
"The effect of the proviso to s. 167(2) of the Code of Criminal Procedure, 1973, is to entitle an accused person to be released on bail if the investigating agency fails to complete the investigation within 60 days. A person released on bail under the proviso to s. 167(2) for the default of the investigating agency is statutorily deemed to be released under the provisions of Chapter 33 of the Code for the purposes of that Chapter. That is provided by the proviso to s. 167(2) itself. This means, first, the provisions relating to bonds and sureties are attracted. Section 441 provides for the execution of bonds, with or without sureties, by persons ordered to be released on bail. One of the provisions relating to bonds is s. 445 which enables the court to accept the deposit of a sum of money in lieu of execution of a bond by the person required to execute it with or without sureties. If the bond is executed (or the deposit of cash is accepted), the court admitting an accused person to bail is required by s. 442(1) to issue an order of release to the officer in charge of the jail in which such accused person is incarcerated. Sections 441 and 442 are in the nature of provisions for the execution of orders for the release on bail of accused persons."1
It is apparent from some judgements, that time is of essence if the charge sheet and the application are filed on the same day.
In the case of Sanjay Baban Bhujbal2 Supreme court accepted the right of the accused person to be released if an application under section 167(2) is filed before the charge sheet.
Further reading:
- Jacob Pinto V/s State of Maharashtra3
- Jitendra Deotare V/s State of Maharashtra4
- Uday Mohanlal Acharya V/s state of Maharashtra5
1 Raghubir Singh and others V/s State of Bihar AIR 1986 SCR(3) 802
2 1998(5) Bom.C.R. 472
3 2005 BOM CR (Cri)
4 2009(2) BOM CR
