ANTICIPATORY BAIL DOES NOT END AUTOMATICALLY ONCE THE CHARGE SHEET IS FILED - SC

8th March

The Supreme Court has reiterated that once the court grants bail u/s 438, it does not automatically end when a chargesheet is filed.

Allahabad High Court ruled that Anticipatory Bail ends once the charge sheet is filed and ordered the accused to surrender and apply for regular bail. The accused filed an appeal to the Apex Court challenging the order passed by the Allahabad HC. The accused argued no law states that Anticipatory Bail ends once a charge sheet is filed while mentioning the case of Sushila Agarwal V NCLT of Delhi. The Apex Court observed Sushila Agarwal’s judgment that if an accused is granted Anticipatory Bail, it does not mean he will have to surrender and file an application U/s 439.

The Court further opined that Anticipatory Bail could continue till the end of the trial. Therefore, the Court allows this instant appeal, but the accused has to reach the trial court to cancel the anticipatory bail. However, in special situations, the tenure of an Anticipatory Bail can be limited. 

Author: Papiha Ghoshal