granting bail, particularly in serious cases like murder, some reasons justifying the grant are necessary. The order granting the bail was set aside with the direction to redecide the matter. Therefore, it is not as if the merit of the order granting bail cannot be gone into particularly when it is shown that the proceedings have been manipulated in a manner to favour the accused by reducing the offence under Section 302 IPC to that under Section 306 IPC and waiting for a period of 60 days for filing the challan to lapse, even though the challan has been prepared earlier to the expiry of the bail. In Rajnikant Jivanlal Patel and another v. Intelligence Officer, Narcotic Control Bureau, New Delhi, AIR 1990 SC 71, it was observed that an order for release on bail under proviso (a) to Section 167(2) Cr.PC may appropriately be termed as an order-on-default. Indeed, it is a release on bail on the default of the prosecution in filing charge-sheet within the prescribed period. The right to bail under Section 167(2) proviso (a) thereto is absolute. It is a legislative command and not Court’s discretion. If the investigating agency fails to file chargesheet before the expiry of 90/60 days, as the case may be, the accused in custody should be released on bail. But at that stage, merits of the case are not to be examined. Not at all. In fact, the Magistrate has no power to remand a person beyond the stipulated period of 90/60 days. He must pass an order of bail and communicate the same to the accused to furnish the requisite bail bonds. The accused cannot therefore, claim any special right to remain on bail. It was, however, further observed that if the investigation reveals that the accused has committed a serious offence and charge-sheet is filed, the bail granted under proviso (a) to Section 167(2) could be cancelled. Therefore, even if an accused is released on account of the default in the prosecution in not filing its chargesheet (challan) within 60/90 days, as the case may be the bail granted can be cancelled if it is shown that the prosecution has acted in an irregular manner so as to give un due advantage to an accused. This, however, would depend on the facts and circumstances of each case. The rule though is that a bail that has been granted is not normally to be cancelled as indeed
