Bombay High Court Defends Accused’s Right to Default Bail Amid Legal Deadline Tussle

The Bombay High Court has reiterated that an accused in a corporate fraud investigation retains the constitutional right to seek default bail, even as the state presses for a chargesheet before the statutory deadline.

Background / Context

Under Indian criminal procedure, investigators are typically given 60 to 90 days to complete a probe and file a chargesheet. Failure to file within this window automatically entitles the accused to apply for default bail, a provision aimed at safeguarding the right to liberty under Article 21 of the Constitution. The recent decision clarifies that an investigating agency cannot use the impending expiry of this deadline as a pretext to lock the accused pre‑emptively. This legal stance has wide relevance not only for high‑profile corporate cases but also for any person — including international students — who might be entangled in legal allegations abroad.

Key Developments

• Case Focus: Director Mangesh Kadam was one of eight accused in the 2021 multi‑crore shares and corporate fraud case.
• Timeline: An FIR was lodged in late 2021. The prosecution sought to file a chargesheet on 9 December 2025, just before the 90‑day deadline.
• Bench Decision: Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad dismissed the state’s plea, stating that the application was “to frustrate the possibility of an order granting default bail.”
• Rationale: The court emphasized that the investigation of other accusers could not be sidelined to justify an early chargesheet against a single accused.
• Legal Reference: The bench reiterated Supreme Court precedent that last‑minute chargesheet filings are discouraged when the statutory period is ending.

Impact Analysis

For the legal community, the ruling solidifies the principle that default bail rights are not optional tools that can be overridden by procedural timing. It ensures that:

1. Legal Fairness: Accused individuals cannot be coerced into forfeiting bail simply because a chargesheet is pending.
2. Institutional Accountability: Investigating agencies must document the status of all accused before filing, preventing selective filing.
3. Student Relevance: International scholars or exchange students on campus may face academic fraud allegations. Understanding that default bail rights exist offers a safety net in jurisdictions where extradition or detainment could occur.
4. Visa Implications: For students on campus visas, a criminal conviction could jeopardize visa status. The ability to secure bail provides time to contest charges before adjudication.

Expert Insights / Tips

While the court’s order is legally significant, it offers actionable guidance for those navigating criminal processes in India:

• Maintain Detailed Records: Keep copies of all correspondence, FIRs, and investigation reports. These documents can prove that you are not a “selectively targeted” accused.
• Legal Representation Matters: Engage a lawyer who is versed in criminal bail procedures. They can file for default bail promptly as soon as the deadline approaches.
• Know the Deadline: In most cases, the FIR records specify the exact expiry date for chargesheet filing. Monitor this tightly to avoid surprises.
• Communicate with Embassies: If you are a foreign national, inform your embassy about the legal proceedings. They can offer consular assistance and liaise with local authorities.
• Academic Institutions: Colleges and universities should have grievance committees that can mediate between students and law enforcement, ensuring that allegations are thoroughly investigated before punitive action.

For international students, the court’s affirmation of default bail rights signals that the Indian legal system, while rigorous, still upholds procedural safeguards. Staying proactive—seeking legal counsel early and documenting all steps—remains the best strategy.

Looking Ahead

The Bombay High Court’s order may influence forthcoming Supreme Court directives on procedural timelines. As India continues to tighten corporate governance, we anticipate:

1. Revised Timelines: Possible amendments to the 60/90‑day rule to streamline investigations while preserving bail rights.
2. Technology in Probes: Increased use of digital trace evidence could accelerate investigations, potentially shortening the need for default bail.
3. International Cooperation: More robust frameworks for cross‑border legal assistance and extradition treaties could affect how foreign students facing criminal charges are treated.
4. Policy Discussions: Legislators may debate whether to further protect bail rights as a preventive measure against abuse of the criminal justice system.

Stakeholders—lawyers, students, and employers—should stay vigilant for changes in legislation that could alter the dynamics of default bail and chargesheet filing.

Reach out to us for personalized consultation based on your specific requirements.