A division bench of Apex Court held that Anticipatory Bail cannot be restricted once granted
Monirul Islam Vs The State of West Bengal on 01 Dec 2022
Feeling aggrieved and dissatisfied with the impugned order(s) passed by the High Court by which though the High Court has granted the anticipatory bail to the petitioners, the same is restricted only for a period of four weeks and within which time, the petitioners are directed to appear/surrender before the jurisdictional court and pray for regular bail, the original accused in respective FIRs has preferred the present application(s)/petition(s).
Having heard the learned senior counsel/counsel appearing for the respective parties and in the facts and circumstances of the case, we modify the impugned judgment(s) and order(s) passed by the High Court and direct that in case of arrest of the petitioners in connection with the respective FIRs, the petitioners be released on bail on the terms and conditions which will be determined by the learned trial court. However, at the same time, the petitioners to move an appropriate application/applications before the concerned court for regular bail which may be considered in accordance with
law and on its/their own merits without in anyway being influenced by the grant of anticipatory bail and that such application/applications be filed within a period of four weeks from today. Till then, the present order shall operate. With all these observations, special leave petitions stand disposed of.
Index is here.