Default Bail Can Be Granted Even if Regular Bail is Pending Before Higher Court: Punjab & Haryana HC

The Punjab and Haryana High Court held that Magistrates and Sessions Courts can grant default bail under Section 167(2) CrPC (Section 187(2) BNSS) even if a regular bail application is pending before a higher court.

The Court emphasised that the right to default bail is integral to personal liberty under Article 21 and cannot be curtailed by procedural technicalities or higher court proceedings.

The court observed that detention beyond the statutory period without filing a police report is unlawful.

Relying on M Ravindran v Intelligence Officer and Bikramjit Singh v State of Punjab, the Court reinforced that default bail is an indefeasible right.

[Gurmeet Singh v. State of Punjab]