- (1.)Heard Shri Amarsingh, learned counsel for the appellant as also Shri Khan, learned Government Advocate for the State.
(2.)The petitioner was in fact released on bail under proviso to S.167(2), Cr. P.C. but on filing the charge-sheet, the learned Magistrate cancelled his bail bond. An application was thereafter, made to the Sessions Court, which was met with dismissal.
(3.)Short question which arises for consideration is whether bail once granted u/s 167 (2), Cr. P.C. can be subsequently cancelled on mere filing of challan without there being a prayer for cancellation of bail by the prosecution and without making out grounds for cancellation of bail. The question which arises for consideration is whether by mere filing of challan after the expiry of the statutory period, this fact by itself, is sufficient to cancel bail ? A mere reading of proviso to S.167(2), Cr. P.C. would go to show that every person released on bail under this Section shall be deemed to have been released on bail under the provisions. of Chapter XXXIII of the Criminal Procedure Code.