Code of Criminal Procedure, 1973–Secs. 167(2)–Whether after an accused is released on default bail u/s. 167(2), under which circumstances, his bail can be cancelled and whether bail can be cancelled on merits having found committed non-bailable crime on conclusion of the investigation and filing the charge-sheet ?–Held, yes–In a case where an accused is released on default bail u/s. 167(2), and thereafter, on filing of charge-sheet, a strong case is made out, and on special reasons being made out from the chargesheet that the accused has committed a non-bailable crime and considering the grounds set out in Sec. 437(5) and Sec. 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–However, mere filing of the chargesheet is not enough but on the basis of charge-sheet, a strong case is to be made out that the accused had committed non-bailable crime, and he deserves to be in custody.
