SC: Accused Released under Default Bail Cannot Be Re-Arrested merely on the Ground of Filing of the Charge sheet

The Supreme Court in a case of ‘Kamlesh Chaudhary vs State of Rajasthan’  held that if an accused is released under default bail [167(2)]; the police cannot re-arrest him on the filing of the charge sheet. Section 167(2) makes a ground of bail for the accused; if the police officers fail to file the charge sheet within the prescribed period. This is default bail.  In the case initially, the High Court held that the police can re-arrest the accused after filing of charges. But the Supreme Court overrides the order of the High court and held that; mere filing of charges cannot be the ground for re-arrest.

The Supreme Court quoted the case ‘Bashir vs State of Haryana (1977)’. In the case of Bashir, the court was of the view that the prosecution can file the application for bail on the grounds well known to law. But the filing of a charge sheet is not a ground for cancellation of bail. The supreme further observes that the law preserves the power to cancel a bail; if the accused is released under section 437 and 438; and these provisions are also applicable to section 167(2).


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