Dorai And Another vs State Of Karnataka

on 27 July, 1994 (Bench: S Venkataraman)

Section 167 Cr.P.C. comes in Chapter 12 which deals with "information to the police and their powers to investigate". It is only in 1973 Code of Criminal Procedure a provision is made for grant of bail to the accused after 90 days in detention without reference to the merits of the case. The object of the provision under section 167(2) for grant of compulsory bail is to ensure that the police filed the charge sheet within 90 days. In the decision in Rajnikant Jivanlal Patel Anr. Anr. v. Intelligence Officer, Narcotic Control Bureau, New Delhi, the Supreme Court has pointed out that an order for release on bail under proviso (a) to Section 167(2) may properly be termed as an order on default and that if the police fail to submit the charge sheet within 90/60 days the accused becomes entitled to bail under section 167(2)(a) proviso.