JAKEER HUSSAIN Vs. SHEIK IRSHAD

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, the State and opposite party No. 1. The prayer in this application is for cancellation of the compulsive statutory bail granted to the opposite party No. 1 under section 167 (2) of the Code of Criminal Procedure in a police case under Section 364a and other provisions of the Penal Code consequent to the failure of the police to submit charge-sheet within 90 days.

(2.) THE petitioner is a named accused in the first information report.

(3.) THE law in this regard stands settled. The mere submission of a charge-sheet subsequently cannot be a ground for cancellation of the compulsive statutory bail granted earlier in absence of charge-sheet. However, if after grant of statutory bail charge-sheet is submitted based on materials collected during investigation pointing to the guilt and complicity of the accused the position is entirely different.