In Brief
A former M.L.A. was found dead in his house. The accused was arrested and released on default bail under Section 167(2) Cr.P.C. when the investigating agency failed to complete investigation within 90 days. The CBI later filed a chargesheet alleging commission of non-bailable crimes. The CBI sought cancellation of the default bail, but the High Court rejected the petition, holding that default bail cannot be cancelled merely on filing a chargesheet. The Supreme Court allowed the appeal, holding that while mere filing of a chargesheet is insufficient, if on merits and on special grounds the chargesheet reveals commission of a non-bailable crime, the default bail can be cancelled under Section 437(5) and Section 439(2) Cr.P.C. The Court remitted the matter to the High Court for fresh consideration on merits.">
The lawyer headnote and full judgment text are available to registered users.