Right to default bail under Section 167(2), CrPC not merely a statutory right, but part of procedure established by law under Article 21: SC

The Court held that there is a fundamental right granted to an accused person to be released on bail once the conditions of the first proviso to Section 167(2), CrPC are fulfilled.
Right to default bail under Section 167(2), CrPC not merely a statutory right, but part of procedure established by law under Article 21: SC
Navin Sinha, Rohinton Fali Nariman centre, KM Joseph

A three-judge bench of the Supreme Court comprising of Justices Rohinton Fali Nariman, Navin Sinha and KM Joseph has held that right to default bail is not merely a statutory right under the first proviso to Section 167(2) of the CrPC, but that it is part of the procedure established by law under Article 21 of the Constitution of India (Bikramjit Singh v. State of Punjab).

Therefore, it is a fundamental right granted to an accused person to be released on bail once the conditions of the first proviso to Section 167(2), CrPC are fulfilled.

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