In this case, Kamlesh was accused of committing offences under Sections 406, 409, 420, 467, 468, 471, 477-A, 201, 120-B of IPC and Section 5 of the Prize Chits Money Circulation Scheme (Banning Act), 1978 and Section 65 of the IT Act. The High Court allowed his application for default bail under Section 167(2) of the CrPC on the ground that the charge sheet was not filed within the prescribed period.
The accused approached the Apex Court challenging the part of the High Court order which directed re-arrest on filing of the charge sheet. While allowing the appeal, the bench comprising of Justices L. Nageswara Rao, Navin Sinha and Indu Malhotra observed thus:
It is clear from the judgment of this Court in Bashir's case (supra) that filing of charge sheet by itself cannot be a ground for cancellation of bail. Bail granted under Section 167 Cr.P.C. can be cancelled on other grounds available in law to the prosecution. In view of the aforesaid discussion, the finding recorded in paragraph 17 of the judgment of the High Court is set aside.
The Supreme Court has held that an accused who was released on default bail cannot be re-arrested on filing of charge-sheet by police.
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