A bench of three-judges categorically held that, once an Anticipatory Bail is granted it protected the grantee/accused until the end of trial and there is no need to obtain Regular Bail, after Charge sheet is filed by Police into the Court. This cites the 5-judge constitution bench decision in Sushila Aggarwal here.
From Para 2,
2. The present Criminal Appeals by way of Special Leave arise out of the impugned orders dated 11.12.2019 and 20.12.2019 passed by the Allahabad High Court. By order dated 11.12.2019, the High Court, on an application made by the complainant/respondent no. 2, indicated that the anticipatory bail granted to the appellant/accused by the Trial Court vide order dated 21.10.2019 had come to an end with the filing of a chargesheet, and directed him to surrender and apply for regular bail. The appellant subsequently filed an application for recall/modification of the order dated 11.12.2019 passed by the High Court, which was dismissed by the second impugned order dated 20.12.2019.
From Para 8,
8. In view of the above, we are of the opinion that the High Court wrongly held that the anticipatory bail granted to the appellant by the Trial Court vide order dated 21.10.2019 had come to an end with the filing of the chargesheet. We therefore set aside the impugned orders passed by the High Court and restore the anticipatory bail granted to the appellant by the Trial Court vide order dated 21.10.2019.
Dr. Rajesh Pratap Giri Vs State of U.P. and Anr on 05 Mar 2021
Citations :
Other Sources :
https://indiankanoon.org/doc/161262593/
Index of all Anticipatory Bail Matters is here
Shades of Knife
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