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Tag: Sushila Aggarwal and Ors Vs State (NCT of Delhi)

Dr. Rajesh Pratap Giri Vs State of U.P. and Anr on 05 Mar 2021

Posted on March 15, 2021 by ShadesOfKnife

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.

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

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision CrPC 438 - Valid Duration For Anticipatory Bail Dr. Rajesh Pratap Giri Vs State of U.P. and Anr Legal Procedure Explained - Interpretation of Statutes No Need for Converting Anticipatory Bail into Regular Bail Reportable Judgement or Order Sushila Aggarwal and Ors Vs State (NCT of Delhi) Work-In-Progress Article | Leave a comment

Sushila Aggarwal and Ors Vs State (NCT of Delhi) on 29 January 2020

Posted on January 29, 2020 by ShadesOfKnife

A wonderful pronouncement indeed, of a 5-eminent judge Constitutional bench which decided that once Anticipatory Bail is granted u/s 438 CrPC by either a Sessions Court or High Court, it does not have any time limit to it regarding it’s effect. Further, here it was held, No need to get a Regular Bail once AB is granted.

From now onwards, no need to covert Anticipatory Bail into a Regular Bail, upon closure of investigation by I.O. and filing of Charge sheet into a Trial Court.

Here is the Order passed.

Sushila Aggarwal and Ors Vs State (NCT of Delhi) on 29 January, 2020 Order

And the 133-page jewel of judgment, endorsing the view taken by my favorite Justice Shri Dalveer Bhandavi in Siddharam Satlingappa Mhetre is below.

Sushila Aggarwal and Ors Vs State (NCT of Delhi) on 29 January, 2020 Judgement

Citations : [2020 SCC ONLINE SC 98], [2020 DLT SC 266 741]

Other Sources :

https://indiankanoon.org/doc/123660783/

https://www.indianemployees.com/judgments/details/sushila-aggarwal-and-others-versus-state-nct-of-delhi-and-another

https://www.indianemployees.com/judgments/details/sushila-aggarwal-and-others-versus-state-nct-of-delhi-and-another

5-judge bench holds no time limit could be fixed while granting anticipatory bail [Full report]


The life of this case is in detail available here.


Index of all Anticipatory Bail Matters is here and all Bail matters list is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Catena of Landmark Judgments Referred/Cited to CrPC 438 - Anticipatory Bail CrPC 438 - Direction for grant of bail to person apprehending arrest CrPC 438 - Valid Duration For Anticipatory Bail Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Sushila Aggarwal and Ors Vs State (NCT of Delhi) | Leave a comment

Sushila Aggarwal and Ors Vs State (NCT of Delhi) on 15 May, 2018

Posted on September 9, 2018 by ShadesOfKnife

In this order, Hon’ble Apex Court has referred a matter regarding the valid time period of an anticipatory bail, to larger bench. The landmark pronouncement came on 29 January 2020 by a 5-judge bench here. The landmark precedent from an 1980 constitution bench is available here.

Sushila Aggarwal & Ors Vs State (NCT of Delhi) on 5 May, 2018

It was earlier mentioned in Supreme Court on 19 September, 2018 in the court of 3 judges bench led by CJI and was directed to be listed after a week before appropriate Bench as per roster, subject to removal of defects, if any.

Sushila Aggarwal and Ors Vs State (NCT of Delhi) on 19 September, 2018

Recently, it was heard by 5-judge bench on 23 October, 2019 and the judgment was reserved, after the arguments were concluded.

Sushila Aggarwal and Ors Vs State (NCT of Delhi) on 23 October, 2019

The final status of the case [Case No. SLP(Crl) No. 007281 – 007282 / 2017], is available here.


An detailed analysis is available here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 438 - Valid Duration For Anticipatory Bail Gurbaksh Singh Sibbia Etc Vs State Of Punjab Referred to Large Bench Siddharam Satlingappa Mhetre Vs State Of Maharashtra And Others Sushila Aggarwal and Ors Vs State (NCT of Delhi) | Leave a comment

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