<p>The High Court said on Tuesday that a supplementary charge sheet is only an additional material collected against the accused persons and cannot be a basis for grant of default bail.</p>.<p>The court said that the investigation officers can file an additional charge sheet without the leave of the court and statutory (default) bail under the provisions of section 167 (2) of Criminal Procedure Code (CrPC) cannot be made applicable.</p>.<p>The petition was filed by one Santhosh Kadam, a resident of Solapur in Maharashtra.</p>.<p>A former sarpanch, Santhosh is an accused in a case for theft, house-breaking, trespassing and also under the Arms Act, registered at Bevoor police station in Koppal district.</p>.<p>His application seeking bail was rejected by the sessions judge in Koppal.</p>.<p>The police had filed the charge sheet on January.4, 2021. The main accused Santhosh was arrested subsequently on February 6, 2021.</p>.<p>The police filed a supplementary charge sheet on May 17, 2021. The petitioner contended that the supplementary charge sheet was not filed within 90 days from the date of his arrest and hence, he is entitled to statutory bail under Section 167 (2) of CrPC. </p>.<p>However, the prosecution claimed that the charge sheet was submitted against the petitioner prior to his arrest.</p>.<p>Justice Rajendra Badamikar rejected the petition both on maintainability and on merits.</p>.<p>“Section 167 (2) is applicable only when charge sheet is not laid down and it starts operative when accused is arrested during the course of investigation, but if charge sheet is filed against a particular accused and supplementary charge sheet is submitted against other accused for additional evidence, the provisions of Section 167 (2) of CrPC cannot be applicable,” the court said. </p>
<p>The High Court said on Tuesday that a supplementary charge sheet is only an additional material collected against the accused persons and cannot be a basis for grant of default bail.</p>.<p>The court said that the investigation officers can file an additional charge sheet without the leave of the court and statutory (default) bail under the provisions of section 167 (2) of Criminal Procedure Code (CrPC) cannot be made applicable.</p>.<p>The petition was filed by one Santhosh Kadam, a resident of Solapur in Maharashtra.</p>.<p>A former sarpanch, Santhosh is an accused in a case for theft, house-breaking, trespassing and also under the Arms Act, registered at Bevoor police station in Koppal district.</p>.<p>His application seeking bail was rejected by the sessions judge in Koppal.</p>.<p>The police had filed the charge sheet on January.4, 2021. The main accused Santhosh was arrested subsequently on February 6, 2021.</p>.<p>The police filed a supplementary charge sheet on May 17, 2021. The petitioner contended that the supplementary charge sheet was not filed within 90 days from the date of his arrest and hence, he is entitled to statutory bail under Section 167 (2) of CrPC. </p>.<p>However, the prosecution claimed that the charge sheet was submitted against the petitioner prior to his arrest.</p>.<p>Justice Rajendra Badamikar rejected the petition both on maintainability and on merits.</p>.<p>“Section 167 (2) is applicable only when charge sheet is not laid down and it starts operative when accused is arrested during the course of investigation, but if charge sheet is filed against a particular accused and supplementary charge sheet is submitted against other accused for additional evidence, the provisions of Section 167 (2) of CrPC cannot be applicable,” the court said. </p>
