Criminal Procedure Code, 1973
Sections 167(2) & 439(2)—Default bail—Cancellation—In a case where an accused is released on default bail under Section 167(2) CrPC and thereafter on filing of charge-sheet, a strong case is made out and on special reasons being made out from the charge-sheet that accused has committed a non-bailable crime and considering the grounds set out in Sections 437(5) and Section 439(2), his bail can be cancelled on merits and the Courts are not precluded from considering the application for cancellation of the bail on merits—Mere filing of charge-sheet is not enough, but on the basis of charge-sheet, a strong case is to be made out that the accused has committed non-bailable crime and he deserves to be in custody—Impugned judgment and order passed by High Court dismissing application for cancellation of bail filed by the CBI under Section 439(2) CrPC deserves to be quashed and set aside—Appeal allowed.
[Para 13]
Decision : Appeal allowed