Based on principles from:
-
Uday Mohanlal Acharya v. State of Maharashtra
-
Rakesh Kumar Paul v. State of Assam
-
Hitendra Vishnu Thakur v. State of Maharashtra
⚖ PROBLEM SET (With Answers & Reasoning)
🧩 Problem 1 – Classic Timeline Trap
A is arrested on 1 January for an offence punishable up to 7 years.
Charge sheet is filed on 3 March (62nd day).
A files default bail application on 4 March.
❓ Is A entitled to default bail?
✅ Answer: NO
Since charge sheet was filed before A applied for default bail, the right stood extinguished.
(Principle: Uday Mohanlal Acharya)
🧩 Problem 2 – Filing Before Charge Sheet
A is arrested on 1 January (60-day case).
On 2 March (61st day), A files default bail application at 10:00 AM.
Charge sheet filed at 3:00 PM same day.
❓ Entitled?
✅ Answer: YES
Right crystallized when application was filed before charge sheet.
Subsequent filing cannot defeat right.
🧩 Problem 3 – Readiness to Furnish Bail Not Stated
Accused files application on 61st day but does not mention willingness to furnish bail bond.
❓ Entitled?
❌ Answer: NO (Technically)
Application must show readiness to furnish bail.
Otherwise right not properly exercised.
(Uday Mohanlal Acharya)
🧩 Problem 4 – “Up to 10 Years” Confusion
Offence punishable with imprisonment up to 10 years.
Charge sheet filed on 75th day.
Accused applies on 76th day claiming 90-day benefit.
❓ Correct?
❌ Answer: No
“Up to 10 years” → 60 days category.
(Rakesh Kumar Paul)
He should have applied after 60 days.
🧩 Problem 5 – Extension Under Special Act
Accused under NDPS Act.
Public Prosecutor files proper report seeking extension on 85th day.
Court grants extension to 180 days.
Accused applies for default bail on 95th day.
❓ Entitled?
❌ Answer: NO
Valid extension defeats 90-day claim.
(Hitendra Vishnu Thakur principle)
🧩 Problem 6 – Defective Extension
In UAPA case, extension granted mechanically without reasoned order.
❓ Can accused claim default bail after 90 days?
✅ YES
Extension must strictly comply with statute.
Mechanical order invalid → default bail available.
🧩 Problem 7 – Application Filed But Surety Not Furnished Immediately
Accused applies on 61st day. Court grants bail.
He furnishes surety after 3 days.
Meanwhile charge sheet filed.
❓ Does right survive?
✅ YES
Right already crystallized when application filed.
Delay in furnishing bond does not extinguish right.
🧩 Problem 8 – Bail Rejected Due to Gravity
Accused applies after 60 days. Magistrate rejects stating “offence serious.”
❓ Valid?
❌ No
Gravity irrelevant once statutory right accrues.
Default bail is mandatory.
🧩 Problem 9 – Production Day Counting
Arrest: 1 January at 5 PM
Produced before Magistrate: 2 January
Charge sheet filed: 2 March
❓ Whether 60 days completed?
⚖ Key Issue: Whether day of remand counted.
General rule: Date of remand counted as Day 1.
If 60 days completed before filing → entitlement.
(Examiners love this calculation problem.)
🧩 Problem 10 – Multiple Offences Added Later
Initially 7-year offence (60 days).
On 59th day police add offence punishable minimum 10 years.
Charge sheet filed on 85th day.
❓ Entitled?
⚖ Depends:
If graver section properly invoked before expiry → 90-day rule applies.
If mala fide addition → court may examine.
(Highly analytical problem – good for mains.)
🧠 Ultra-Tricky Conceptual Question
Can default bail be cancelled after grant?
✅ Yes
On grounds available under regular bail (misuse, tampering etc.)
But not merely because charge sheet filed later.
📌 Golden Exam Formula
Default Bail Requires:
1️⃣ Expiry of 60/90 days
2️⃣ No valid extension
3️⃣ Bail application filed
4️⃣ Willingness to furnish surety
5️⃣ Charge sheet not filed before application
Miss one element → No entitlement.