2021 (1) TMI 963 - SC - Indian Laws

Grant of Bail - 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 - High Court ruled in his favour by holding that the appellant is entitled to bail under Section 167 as a complete charge sheet was not filed within the prescribed period - HELD THAT - It is clear from the judgment of this Court in Bashir s case 1977 (10) TMI 125 - SUPREME COURT 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. Appeal disposed off.

Summary

Issues: Bail under Section 167(2) Cr.P.C., Power of High Court to impose conditions, Grounds for cancellation of bail

In this judgment, the appellant was accused of various offenses under IPC, the Prize Chits Money Circulation Scheme (Banning Act), 1978, and the IT Act. The appellant filed for bail under Section 167(2) Cr.P.C. due to an incomplete charge sheet within the prescribed period. The High Court granted bail to the appellant, allowing re-arrest upon filing of the charge sheet. The appellant's counsel argued that the direction for re-arrest upon filing the charge sheet contradicts the law established in Bashir v. State of Haryana. The State of Rajasthan contended that the High Court can impose conditions under Sections 437(3) and 439(2) of Cr.P.C., although the bail was granted under Section 167(2) Cr.P.C. The Supreme Court clarified that the filing of a charge sheet alone cannot be a ground for bail cancellation, as established in Bashir's case. The Court emphasized that bail under Section 167 Cr.P.C. can be cancelled on other valid grounds. Consequently, the finding of the High Court was set aside, and the criminal appeal was disposed of.