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167(2) cr.p.c

In a case bail was allowed under section 167(2) on not submitting final report within 90days.
Bail was allowed by the Hon'ble Court, but accused failed to furnish bail bonds upto the satisfaction of court.
On the next day final report was submitted by the investigating officer and also accused was ready to furnish bail bonds.
Released of the accused from custody was rejected by the Hon'ble court.

Please clear my doubt whether court was justified in refusing the release of the accused... ?

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Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 25 May 2012

Dear Mohit,

The law in this regard is clear that if the police fails to file a report within 60 or 90 days as the case may be, the accused gets an indefeasible right to what is known as 'default bail'. Such right is not said to be availed if the order is made but the accused fails to give sureties, if in the meanwhile police report is filed - the said right fails and then bail would be judged on the merits of it.

In this regard see Uday Mohanlal Acharya v. State (2001 SC) Constitution Bench.

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