SURESH KUMAR BHIKAMCHAND JAIN versus STATE OF MAHARASHTRA & ANR.

SURESH KUMAR BHIKAMCHAND JAIN versus STATE OF MAHARASHTRA & ANR.

Filing of charge-sheet within the statutory period satisfies s.167(2) CrPC. The absence of sanction for prosecution is not material to the right of statutory bail under s.167(2). Once charge-sheet is filed, the accused cannot claim statutory bail or default bail under s.167(2) CrPC, regardless of whether cognizance is taken.

Parties
Petitioner: Suresh Kumar Bhikamchand Jain; Respondent: State of Maharashtra; Respondent: Anr.
Jurisdiction
India
Judgment Date
13 February 2013
Procedural Posture
Special Leave Petition (criminal) / Petition for Special Leave to Appeal Against High Court Order
Outcome
Petition dismissed
Legal Topics
Statutory Bail Under Cr PC S.167(2), Remand of Accused, Sanction for Prosecution Under PC Act
Criminal Law Statutory Bail Under Cr PC S.167(2) Remand of Accused Sanction for Prosecution Under PC Act

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Parties

Suresh Kumar Bhikamchand Jain

Petitioner

State of Maharashtra

Respondent

Anr.

Respondent

Procedural Posture

Special Leave Petition (criminal) / Petition for Special Leave to Appeal Against High Court Order

Legal Issues

  1. 1 Whether the accused is entitled to statutory bail under s.167(2) CrPC when the charge-sheet is filed within the stipulated period but sanction for prosecution under the PC Act is yet to be obtained
  2. 2 Whether filing of charge-sheet without sanction amounts to non-compliance of s.167(2) CrPC
  3. 3 Whether remand orders after 90 days from arrest are valid where charge-sheet is filed but cognizance not taken

Ratio Decidendi

Filing of charge-sheet within the statutory period satisfies s.167(2) CrPC. The absence of sanction for prosecution is not material to the right of statutory bail under s.167(2). Once charge-sheet is filed, the accused cannot claim statutory bail or default bail under s.167(2) CrPC, regardless of whether cognizance is taken.

Court Disposition

Petition dismissed

Orders

  • Special Leave Petition dismissed
  • No entitlement to statutory bail as charge-sheet filed within stipulated period under s.167(2) CrPC