A Bench comprising Justices Ashok Bhushan, R. Subhash Reddy and MR Shah held that while granting default bail/ statutory bail under Section 167(2) of CrPC, condition of deposit of amount cannot be imposed.

The only requirement for getting the default bail/statutory bail under Section 167(2), Cr.P.C. is that the accused is in jail for more than 60 or 90 days, as the case may be, the investigation is not completed and no chargesheet is filed by 60th or 90th day and the accused applies for default bail and is prepared to furnish bail, the Court observed.The court also added that the circumstances while considering the regular bail application under Section 437 Cr.P.C. are different, while considering the application for default bail/statutory bail.