In a case involving the offence punishable under Section 304 Part II of IPC, the accused, is arrested and the prosecution fails to comply with the requirements of Section 167(2) Cr.P.C. The accused, who is a habitual offender, becomes entitled to compulsive bail on:
Explanation:
Section 167(2) of the Cr.P.C. provides for default bail. For offences punishable with imprisonment for a term of ten years or more (including life imprisonment or death), the maximum period for investigation without filing a charge sheet is 90 days. Section 304 Part II IPC is punishable with imprisonment which may extend to ten years. Therefore, the accused becomes entitled to compulsive bail on the 91st day from the date of arrest if the investigation is not completed and charge sheet is not filed. The status of being a 'habitual offender' does not affect this statutory right.