CODE OF CRIMINAL PROCEDURE, 1973: s. 167 (2) - Statutory bail - Charge-sheet filed within the stipulated period, but cognizance not taken as sanction for prosecution had not been obtained - Held: Grant of sanction is nowhere contemplated u/s 167 - Once a charge-sheet is filed within the stipulated time, question of grant of default bail or statutory bail does not arise - Filing of charge-sheet is sufficient compliance with provisions of s.167(2)(a)(ii) in the instant case - Merely because sanction had not been obtained to prosecute the accused and to proceed to the stage of s.309 Cr.P.C., it cannot be said that the accused is entitled to grant of statutory bail, as envisaged in s. 167.

During investigation ·of a case of misappropriation of amount meant for development of slums, the petitioner, who was an MLA and was functioning as the Minster of Housing and Slum Area Development, at the relevant time, was arrested on 11.3.2012. The case against him pertained to offences punishable u/ss 120-8, 409, 411, 406, 408, 465, 466, 468, 471, 177, 109 read with s.34 IPC and also u/ss 13(1 )(c), 13(1) (d) and 13(2) of the Prevention of Corruption Act, 1988. The first charge-sheet against four other accused was filed on 25.4.2012 and the supplementary charge-sheet in which the petitioner was named was filed on 1.6.2012. 

In the instant petition for special leave to appeal, the issue for consideration before the Court was regarding the right of the petitioner to be released on bail u/s 167(2) CrPC, as though the charge-sheet in the case had been filed within the stipulated period, the sanction for his prosecution was not obtained as a result of which no cognizance was taken of the offence and remand orders continued to be made and the petitioner remained in magisterial custody.