Right to seek ‘default’ bail indefeasible part of right to personal liberty: HC

Updated: few hours ago

New Delhi, Oct 20 (PTI) Right to seek ‘default’ bail is a fundamental right and an indefeasible part of right to personal liberty under the Constitution which cannot be suspended even during a pandemic situation, the Delhi High Court said.

As per law, once the maximum period, that is, 60, 90 and 180 days from arrest, provided for an investigation in a case is over and no charge sheet is filed, the accused becomes entitled to be released on bail, which is called the ‘default’ bail.

The high court said the right of the accused to be set at liberty takes precedence over the right of the State to carry on the investigation and file a charge sheet.