The Supreme Court recently held that accused on default bail cannot be arrested merely because charge sheet has been filed,
In the instant case, Kamlesh was accused of committing offences u/s 409, 406, 467,468,420, 477A, 471, 120B of IPC and under the provisions of Prize Chits Money Circulation Scheme (Banning Act) and u/s 65 of IT Act. His application for default bail was allowed by the High Court but, while granting bail, the Court ruled that he can get re-arrested after Police files the charge sheet.
Mr Kamlesh moved the Supreme Court and challenged the condition that he would get arrested if the charge sheet is filed.
Counsel for Mr Kamlesh submitted that the condition was contrary to the law laid down in Bashir vs the State of Haryana wherein the Apex Court held that that prosecution could file an application for cancellation of bail on grounds known to law and filing of charge is not aground itself.
Counsel for the State contended that the High Court could impose a condition for bail u/s 437(3) and 439(s) of CrPC.
Observation of the Court
While allowing the appeal, the Bench observed that judgement rendered in Bashir case made it clear that mere filing of charge sheet will not be a ground itself for cancellation of bail and default bail can only be cancelled by Courts on grounds available in law.
In Bashir case, the Apex Court observed that power of Court to cancel bail where necessary is preserved for cases where a person is released on bail u/s 437(1) or (2) and these provisions are also applicable to a person released u/s 167(2). Therefore, as the provisions of Section 437 are also available to persons released u/s 167(2), the mere fact that the charge sheet is filed is not sufficient to re-arrest the accused.
The Court allowed the appeal filed by Kamlesh(accused).
Title: Kamlesh Chaudhary v State Of Rajasthan
Case No.:SLP (Crl.) No. 5715/2020
Date of Order: 05.01.2020