Code of Criminal Procedure 1973 Section 167(2) Bail granted for failure of prosecution to complete investigation within time-Whether liable to be cancelled when challan/chargesheet presented.

A complaint was lodged against the appellant and 8 others, alleging Commission of offences punishable under sections 147, 148, 302 and 323 read with section 149 of I.P.C. in regard to an incident which took place on 8th September 1990. The appellant was arrested in that connection of the next day i.e. 9th September 1990. The appellant thereafter made an application before the Sessions Judge, for being enlarged on bail. That was rejected. He approached the High Court but later withdrew the application and then once again moved the Sessions Judge for bail under the proviso to section 167 (2) of the Code on the ground that the investigation had not been completed within 90 days and the appellant was released on bail vide order dated 11th March 1991. The charge-sheet and other documents were tendered subsequent thereto and the State of Maharashtra moved an application under Section 439(2) of the code in the High Court for cancellation of bail granted by the Sessions Judge. The High Court cancelled the bail vide order dated 31st March 1992 stating that the bail had been granted on a technical ground namely, failure to file the charge sheet within the time allowed and since the investigation revealed the commission of a serious offence of murder, on the ratio of this Court's decision in Rajnikanı Jeevanlal Patel v. Intelligence Officer NCB, New Delhi, [1989] 3 S.C.C. 532, it was open to the High Court to direct cancellation of the bail. In obedience to the order of the High Court the appellant surrendered to his bail.

Now the question under consideration is can bail granted under the proviso to subsection (2) of Section 167 of the Criminal Procedure Code 1973, for failure to complate the investigation within the prescribed period thereunder be cancelled on the mere presentation of the challan (charge sheet) at any item thereafter.