Context: Recently, the Delhi High Court granted statutory bail to a JNU scholar and student activist implicated in a 2020 communal riots case, which included allegations of sedition.
Statutory/Default Bail
o 90 days, when an authority is investigating an offence punishable with death, life imprisonment or imprisonment for at least ten years; or
o 60 days, when the authority is investigating any other offence.
ü In this case, bail is granted because of the default of the investigating agency in not completing the investigation within the specified time, and it is referred to as ‘default bail’ or ‘compulsive bail’.
o After the period of 90/60 days, if the investigation has not been completed and charge-sheet not filed, the accused person has the right to be released on bail as long as he/she applies for bail and agrees to fulfil other bail conditions (such as providing the required bail amount).
Other Protections in Criminal Procedure
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