Accused given default bail entitled to it sans bonds: HC

Accused given default bail entitled to it sans bonds: HC

Saurabh Malik

Tribune News Service

Chandigarh, June 24

Long considered an indication of bad luck, Friday, the 13th, eventually turned out to be promising for Raju. An accused in a criminal case, he was granted default bail on March 13, a Friday. But before Raju’s counsel could furnish the bail bonds, the prosecution, “over the weekend”, presented the challan.

Coming to his rescue, the High Court ruled the petitioner was admitted to bail before the final report was filed, creating the valuable right of default bail.

About default bail 

  • In a criminal case, the challan has to be presented within specified timeframe or extension in time is required to be sought
  • Failure to present the challan within the stipulated period gives the accused an “indefeasible right” to get “default” bail in the absence of extension in time granted by court

“This court is convinced that the petitioner having been granted bail deserves to be put back to the position he was on Friday, the 13th, as his rights stood created on that day. He should be allowed an opportunity to furnish bail bonds to complete the transaction process,” Justice Rajiv Narain Raina ruled.

In a criminal case, the challan has to be presented within specified timeframe or extension in time is required to be sought. Failure to present the challan within the stipulated period gives the accused an “indefeasible right” to get “default” bail in the absence of extension in time granted by the court.

Justice Raina referred to the order dated March 13 before observing that an Additional Sessions Judge admitted the petitioner to bail under Section 167 (2) CrPC, subject to furnishing bail bonds of Rs 1 lakh.

Justice Raina added the judge recorded in the order that the counsel sought time to furnish bail bonds. But the court “waited sufficiently. However, bail bonds were not furnished”. The result of non-furnishing of bail bonds was, nevertheless, not specified in the order.

Justice Raina added: “No time was fixed for furnishing bail bonds unless the law is that bail bonds must be furnished on the same day and if there is delay in furnishing bail bonds, bail stands automatically cancelled and person remains in jail at its own peril.”

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