A.P.H.C.CASE LAW - ADVOCATEMMMOHAN

The right to default bail, as has been correctly held by the judgments of this Court, are not mere statutory rights under the first proviso to Section 167(2) of the Code, but is part of the procedure established by law under Article 21 of the Constitution of India, which is, therefore, a fundamental right granted to an accused person to be released on bail once the conditions of the first proviso to Section 167(2) are fulfilled.

Section 45 of the Indian Evidence Act =Burden lies on whom ? = it is obligatory on the part of the petitioner to produce such documents, which have a touch of authenticity and which cannot be disputed as such by the respondent, that bear the signatures of the petitioner of the contemporaneous period as of the suit promissory note, namely of or about in the year 2013.