2021 (1) TMI 963

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..... to bail under Section 167 as a complete charge sheet was not filed within the prescribed period - HELD THAT:- It is clear from the judgment of this Court in Bashir s case [ 1977 (10) TMI 125 - SUPREME COURT ] that filing of charge sheet by itself cannot be a ground for cancellation of bail. Bail granted under Section 167 Cr.P.C. can be cancelled on other grounds available in law to the prosecutio .....

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..... cribed period, an application for bail under Section 167(2) Cr.P.C. was filed by the appellant. The High Court ruled in his favour by holding that the appellant is entitled to bail under Section 167 as a complete charge sheet was not filed within the prescribed period. While granting bail, the High Court held that the appellant can be re-arrested after the charge sheet is filed. Mr. S. Hari Har .....

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..... of Sections 437 and 439 Cr.P.C. are not relevant. It is clear from the judgment of this Court in Bashir s case (supra) that filing of charge sheet by itself cannot be a ground for cancellation of bail. Bail granted under Section 167 Cr.P.C. can be cancelled on other grounds available in law to the prosecution. In view of the aforesaid discussion, the finding recorded in paragraph 17 of the .....

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