Filing of charge sheet by itself cannot be a ground for cancellation of bail.

Last updated: 22 January 2021

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The Supreme Court of India has ruled that the mere filing of a charge sheet does not, in itself, provide grounds for cancelling bail. In this case, the appellant was granted bail by the High Court due to an incomplete charge sheet not being filed within the stipulated period. However, the High Court's subsequent direction allowing re-arrest upon filing of the charge sheet was questioned as potentially contrary to established legal precedent.

Court :
Supreme Court of India

Brief :
Sections 406, 409, 420, 467, 468, 471, 477-A, 201, 120-B of IPC and Section 5 of the Prize Chits Money CirculationScheme (Banning Act), 1978 and Section 65 of the IT Act. Hewas arrested on 25.05.2019. Incomplete charge sheet wasfiled on 22.07.2019.

Citation :
CRIMINAL APPEAL NO. 15 OF 2021

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 15 OF 2021
(Arising out of SLP (Crl.) No. 5715 of 2020)

KAMLESH CHAUDHARY Appellant (s)

VERSUS

THE STATE OF RAJASTHAN Respondent(s)

O R D E R

Leave granted.

The appellant is 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 CirculationScheme (Banning Act), 1978 and Section 65 of the IT Act. Hewas arrested on 25.05.2019. Incomplete charge sheet wasfiled on 22.07.2019. On the ground that charge sheet wasnot filed within the prescribed period, an application for bail under Section 167(2) Cr.P.C. was filed by theappellant. The High Court ruled in his favour by holding that the appellant is entitled to bail under Section 167 asa complete charge sheet was not filed within the prescribedperiod. While granting bail, the High Court held that the appellant can be re-arrested after the charge sheet is filed.

Mr. S. Hari Haran, learned counsel appearing for the appellant, submitted that the direction for re-arrest of the appellant on filing of the charge sheet is contrary to the law laid down by this Court in Bashir v. State of Haryana [(1977) 4 SCC 410].

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FAQ :

No, the Supreme Court has indicated that the filing of a charge sheet by itself is not sufficient grounds for cancelling bail.

Section 167(2) of the Cr.P.C. deals with the right to bail if an investigation is not completed and a charge sheet is not filed within the prescribed period.

The appellant applied for bail under Section 167(2) Cr.P.C. because a complete charge sheet had not been filed within the statutory time limit, and the High Court granted bail on this basis.

The appellant's counsel argued that the High Court's direction for re-arrest upon filing of the charge sheet was contrary to Supreme Court precedent, suggesting it may not have been upheld.