TMI Blog1989 (6) TMI 227X X X X Extracts X X X X X X X X Extracts X X X X ..... a serious offence and charge-sheet is filed, the bail granted under proviso (a) to Section 167(2) could be cancelled. The petitions are, therefore, rejected. - 1090-91 of 1989 - - - Dated:- 26-6-1989 - K. Jagannatha Shetty, J. REPRESENTED BY: S/Shri U.R. Lalit, Sr. Advocate, Tuhar Shah and B. V. Desai, Advocates, for the Petitioners. S/Shri J.S. Arora and Satish Agarwala, Advocates, for the Respondents. [Order per; K. Jagannatha Shetty, J.]. The petitioners were released on bail by the Enquiry Magistrate under proviso (a) to Section 167(2) of the Code of Criminal Procedure. After filing of the charge-sheet the High Court ordered their re-arrest by cancelling the bail. The order of the High Court is now under challenge. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce committed, the part played by the accused, the gravity of the offence etc., were all set out. It was also stated that since two of the accused were earlier absconding, the investigation in the case could not be completed within the time frame. 5. The High Court by following the decision of this Court in Raghubir Singh v. State of Bihar -1986 (3) SCR 802 and after considering the material on record cancelled the bail order. 6. The High Court said : In the present cases, no doubt an order was passed granting bail because the charge sheet was not filed within the statutory period of 90 days but it was Filed on 92 days. There is no doubt that the charge against the respondents is very serious in nature because they are alleged to have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion (1) or sub-section (2) may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody. 10. Sub-section (2) of Section 439 provides : A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody. 11. Under sub-section (5) of Section 437, the Court if it considers it necessary, direct that the person on bail be arrested and committed to custody. The bail may be cancelled by the Court if it comes to the conclusion that there are sufficient grounds that the accused has committed a non-bailable offence and that it is necessary that he should be arrested and committed to custody. This is what this Court obs ..... X X X X Extracts X X X X X X X X Extracts X X X X
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