Mere filing of charge sheet is not the basis for cancellation of bail

The Supreme Court on Monday said that the mere filing of a charge sheet cannot be a ground for the cancellation of bail of an accused. The court said that if a special and strong case is made out against the accused in the charge sheet, then his default bail can be cancelled.
A bench of Justice MR Shah and Justice CT Ravikumar said that mere filing of a charge sheet cannot set aside bail unless the court is satisfied that the accused has committed a non-bailable offence and a strong case is being made out against him. . Besides, other courts also cannot be barred from considering the petition for cancellation of bail.
The Supreme Court made this remark during the hearing of the petition related to the cancellation of bail of Era Gangi Reddy in the murder case of former Andhra Pradesh minister YS Vivekananda Reddy. The SC also directed the Telangana High Court to consider the CBI's plea.
The arguments on the cancellation of Gangi Reddy's bail ended on the 5th of this month. Justice MR Shah's bench had reserved the verdict during the last hearing. The Supreme Court has directed the Telangana High Court to decide whether to cancel the bail on the merits of the case.
SC said earlier merit was not considered while granting bail, now Telangana HC has to consider all aspects and take a decision.
In cases involving life imprisonment, death sentence or imprisonment of more than 10 years, the police have to present a charge sheet within 90 days. In other cases, this time is just 60 days. If the Investigating Officer fails to present the charge sheet within this stipulated time, then any arrested accused can be granted bail under CrPC Section 167(2). This is called the default bell.