Indefeasible right of accused for grant of default bail shall stand extinguished when bail bonds are not furnished before presentation of supplementary challan

Accused seeks to challenge whereby the application for furnishing of bail bonds stands dismissed Plea of accused that once default bail had been allowed to him, there was no occasion to deny bail merely on account of fact that a supplementary challan has been filed in meanwhile.

When a bail application is filed by an accused for enforcement of his indefeasible right alleged to have been accrued in his favour on account of default on the part of the investigating agency in completion of the investigation within the specified period, the Magistrate/court must dispose of it forthwith, on being satisfied that the accused has been in custody for the period of 90 days or 60 days, as specified and no charge-sheet has been filed by the investigating agency.

If the accused is unable to furnish the bail as directed by the Magistrate, continued custody of the accused even beyond the specified period in para (a) will not be unauthorised, and therefore, if during that period the investigation is complete and the charge-sheet is filed then the so-called indefeasible right of the accused would stand extinguished.

As accused was unable to furnish bail bond along with local surety and by then the supplementary report was filed along with CFSL report regarding chemical in question, which was found to be heroin and said application for furnishing of bail bonds was filed two days thereafter, hence rejection of application for furnishing bail bonds can not be faulted.

Appearing Counsel/s : Mr. Ashish Pal Kaushal, Mr. AM Punchi

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