DEFAULT BAIL DURING LOCKDOWN

The SC has posed a legal question as to whether it is applicable on the time period of investigation and filing of the police report as stated in Section 167 CrPC, thereby denying the right of statutory bail to the arrested person. According to Sec. 167 CrPC, detained persons undergoing investigation are statutorily eligible for bail after 90 days where investigation relates to an offence punishable with death and sixty days, where investigation relates to any other offence, if the investigating authorities fail to complete their investigation and file a charge sheet within this period. In view of the SC order to extend limitation period for filing cases during lockdown, the Madras High Court ordered the release of a man accused in a robbery case in Thanjavur on default bail. Justice G R Swaminathan noted that  the Supreme Court’s order extending limitation period does not apply to Section 167 (2) of CrPC and would not affect a person’s right to get default bail under the section, as police investigations or filing of final report are not covered by the order, the judge explained.