Accused released on default bail cannot be re-arrested on filing of Charge Sheet: Supreme Court

Accused released on default bail cannot be re-arrested on filing of Charge Sheet: Supreme Court

The Supreme Court of India held that an accused who has been released on default bail cannot be re-arrested on filing of Charge Sheet by the Police Kamlesh Chaudhary (appellant) – an accused of committing offenses under Sections 406, 409, 420, 467, 468, 471, 477-A, 201, 120-B of Indian Penal Code and Section 5 of the Prize Chits Money Circulation Scheme (Banning Act), 1978 and Section 65 of the Income Tax Act, 1961, (IT Act) was arrested on 25 May 2019.

Later on 22 July 2019, an incomplete charge sheet was filed. A bail application was filed by the appellant under Section 167(2) of the Criminal Procedure Code (CrPC) on the ground that the charge-sheet was not filed within the prescribed period.

The High Court (HC) held that the appellant is entitled to bail under Section 167 of Cr.PC as a complete charge sheet was not filed within the prescribed period. While granting bail, the HC held that the appellant can be re-arrested after the charge sheet is filed.

The accused approached the Supreme Court challenging the part of the High Court order which directed re-arrest on filing of the charge sheet.

On behalf of the appellant, it was submitted that the direction given by the HC for re-arrest on the filing of the charge sheet is contrary to the law and mentioned the judgment of the Supreme Court in the case of Bashir v. State of Haryana.

On behalf of the State of Rajasthan (respondent), it was argued that the HC has the power to impose any condition while granting bail under Section 437(3) and 439(2) of CrPC. It was further argued that the grant of bail, in this case, is under Section 167(2) CrPC and the submissions based on Sections 437 and 439 CrPC were irrelevant and unrelated to the said case.

The three-judge bench of Justices L. Nageswara Rao, Navin Sinha, and Indu Malhotra held that filing of charge sheet by itself cannot be a ground for cancellation of bail. The Bench further clarified that bail granted under Section 167 CrPC can be cancelled on other grounds available in law to the prosecution.

The Court further ruled that under section 437(2) when a person is released pending inquiry on the ground that there are not sufficient grounds to believe that he had committed a non-bailable offence may be committed to custody by court which released him on bail if it is satisfied that there are sufficient grounds for so doing after inquiry is completed.

The Court concluded that as the provisions of section 437(1), (2) and (5) are applicable to a person who has been released under section 167(2) the mere fact that subsequent to his release a challan has been filed is not sufficient to commit him to custody.