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2013 (2) TMI 821 - SUPREME COURTRight of an accused to be released on bail while procedure of remand under Crpc - Despite charge-sheet have been filled within the period, sanction had not been obtained to prosecute the accused and to proceed - No Cognizance has been taken on the basis thereof - HELD THAT:- the filing of charge-sheet is sufficient compliance with the provisions of Section 167(2)(a)(ii). Whether cognizance is taken or not is not material as far as Section 167 Cr.P.C. is concerned. Merely because sanction had not been obtained to prosecute the accused and to proceed to the stage of Section 309 Cr.P.C., it cannot be said that the accused is entitled to grant of statutory bail, as envisaged in Section 167 Cr.P.C. The scheme of the Cr.P.C. is such that once the investigation stage is completed, the Court proceeds to the next stage, which is the taking of cognizance and trial. An accused has to remain in custody of some court.
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