Principles clarified relating to permissibility of cancellation of default bail on merits after submission of charge-sheet. An accused is released on default bail under Section 167(2) Cr.P.C. on failure of the investigating agency to conclude the investigation within the time stipulated under the Cr.P.C. It is submitted that therefore, on filing of the chargesheet and curing the defects, it is always open for the Court to consider the application for cancellation of bail on merits on that basis and to consider the seriousness of the offence. Held that in a case where an accused is released on default bail under Section 167(2) Cr.P.C., and thereafter on filing of the chargesheet, a strong case is made out and on special reasons being made out from the chargesheet that the accused has committed a non-bailable crime and considering the grounds set out in Sections 437(5) and Section 439(2), his bail can be cancelled on merits and the Courts are not precluded from considering the application for cancelation of the bail on merits. However, mere filing of the chargesheet is not enough, but as observed and held hereinabove, on the basis of the chargesheet, a strong case is to be made out that the accused has committed non-bailable crime and he deserves to be in custody. Para 31
[State v. T. Gangi Reddy, (2023) 4 SCC 253]
informative.