When will the right of the accused to seek statutory/compulsory bail extinguish?
The accused when brought before the magistrate can move for bail. If it is a non-bailable offence the discretion of the magistrate to authorise to detain the accused varies from 60 to 90 days depending upon the gravity of the offence. But after the completion of 60 or 90 days, as the case may be the accused gets the statutory right to be released on bail. But the right will extinguish if in the meantime or after the completion the police files charge sheet. It is not the law that the accused gets released soon after the completion of days prescribed. Even after the prescribed days he will not be released if he is not prepared to. And if he is prepared to but in the interim the charge sheet is filed the right to statutory bail extinguishes.
A short glimpse into the provision will be helpful:
S.167(2) Proviso (a)-the magistrate may authorise the detention of the accused person, otherwise than in the custody of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding-(i)ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years;(ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter.
Thus it can be clearly seen that right of accused arises as soon as the period prescribed is completed. He can on any day after that file the bail application. The words 'if he is prepared to and does furnish bail' used in the section makes it clearer that it is the accused who has to diligently exercise the right. If in the meantime the chargesheet is filed the right to bail remains. But the right to statutory bail extinguishes.
The following decision will be helpful:
Parties: Sajid Bashir Shaikh v. State of Maharashtra
Present: Hon'ble Mr.Justice A.S.Oka
Citation: 2006(1)KLT S 62(C.No.85)Bombay
It was held that the right of filing for statutory bail is extinguished if the accused failed to exercise it and the prosecution has filed charge sheet. The magistrate has an obligation to inform him of his right. But even if the magistrate fails to inform the applicant the right extinguishes on filing of the charge sheet.