Accused can not be released on bail if chargesheet is filed within stipulated time even though sanction for prosecution is not otained
Having regard to the above, we have no hesitation in holding that notwithstanding the fact that the prosecution had not been able to obtain sanction to prosecute the accused, the accused was not entitled to grant of statutory bail since the charge-sheet had been filed well within the period contemplated under Section 167(2)(a)(ii) Cr.P.C. Sanction is an enabling provision to prosecute, which is totally separate from the concept of investigation which is concluded by the filing of the charge-sheet. The two are on separate footings.
Supreme Court of India
Suresh Kumar Bhikamchand Jain vs State Of Maharashtra & Anr. on 13 February, 2013
Bench: V Sen, J Chelameswar, A Kabir
https://www.lawweb.in/2013/09/accused-can-not-be-released-on-bail-if.html
