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The Delhi High Court recently clarified that the indefeasible right of default bail under Section 167 (2)(a) of the Code of Criminal Procedure does not hinge upon an accused specifically invoking the provision in his application for bail (Subhash Bahadur @ Upender v. State).
Rather, Justice Vibhu Bakhru has highlighted
"... in cases where the statutory period of sixty days or ninety days has expired, the accused would be entitled to be released on bail provided he meets the condition as set out therein – that is, he is prepared to furnish and does furnish bail. It is important to note that there is no provision requiring him to make any formal application."