'Default bail' under Section 167(2) CrPC accrues when:
Answer & Solution
Correct answer: A.
1. Default bail (also called 'compulsive bail' or 'statutory bail') under Section 167(2) accrues when the investigating agency fails to file a charge-sheet under Section 173 within the prescribed time (90 days for offences with death/life/≥10 years; 60 days for others).
2. The right is INDEFEASIBLE — the accused must be released on bail if he applies and furnishes bail before the charge-sheet is actually filed (Bikramjit Singh).
3. Sanjay Dutt v. State, (1994) 5 SCC 410 held the right does not survive after the charge-sheet is filed; he must then apply for regular bail.
4. Special statutes (UAPA 180 days, NDPS 180 days) extend the period.
5. Hence option B is correct.
_Source: Indian Penal Code 1860 / Code of Criminal Procedure 1973 / Indian Evidence Act 1872 (Bare Acts, indiacode.nic.in) — CrPC, Section 167(2) proviso (a); Bikramjit Singh v. State of Punjab, (2020) 10 SCC 616_
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