Default bail cannot be cancelled merely because the charge sheet is later filed; independent legal grounds are required.

Bail granted as default bail under Section 167(2) CrPC stands on a distinct footing, and filing of the charge sheet alone does not justify cancellation or re-arrest. Cancellation remains permissible only on recognised legal grounds independent of the subsequent charge sheet. The direction allowing re-arrest on filing of the charge sheet was therefore unsustainable and was set aside.

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Issues: Whether bail granted under Section 167(2) of the Code of Criminal Procedure, 1973 can be cancelled or the accused re-arrested merely because the charge sheet is subsequently filed.

Analysis: Bail granted on default for non-filing of the charge sheet within the prescribed period stands on a distinct footing. The filing of a charge sheet by itself is not a ground for cancellation of such bail. Cancellation remains permissible only on recognised grounds available in law. The provisions relating to general conditions of bail do not justify re-arrest merely on the filing of the charge sheet in a case of default bail.

Conclusion: The direction permitting re-arrest on filing of the charge sheet is unsustainable and is set aside.

Final Conclusion: The appeal succeeds on the limited question of the legality of re-arrest after grant of default bail, and the contrary finding of the High Court does not survive.

Ratio Decidendi: Bail granted under Section 167(2) of the Code of Criminal Procedure, 1973 cannot be cancelled merely because the charge sheet is filed; cancellation must rest on independent legal grounds.

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