Anticipatory Bail Once Granted Does Not Automatically End With Filing Of Chargesheet, Reiterates Supreme Court

The Supreme Court reiterated that the anticipatory bail once granted does not automatically end on the filing of the charge­sheet.

In this case, the Allahabad High Court, on an application made by the complainant­ held that the anticipatory bail granted to the accused by the Trial Court came to an end with the filing of a charge­sheet, and directed him to surrender and apply for regular bail. 

Challenging this order, the accused approached the Apex Court relying on recent constitution bench judgment in Sushila Aggarwal and Ors. v. State (NCT of Delhi) and Anr., (2020) 5 SCC 1 to contend that there is no principle of law which required that anticipatory bail once granted automatically comes to an end on the filing of the charge­sheet. The state, opposing this plea, contended that the judgment in Sushila Aggarwal (supra),  was pronounced subsequent to the impugned orders passed by the High Court.

The bench comprising Justices NV Ramana, Surya Kant and Aniruddha Bose noted that in Sushila Aggarwal it was observed that 'mere fact that an accused is given relief under Section 438 at one stage, per se does not mean that upon the filing of a charge­sheet, he is necessarily to surrender or/and apply for regular bail.'  It was further held in the said judgment that 'mere subsequent event of the filing of a charge­sheet cannot compel the accused to surrender and seek regular bail.'. The court noted the following conclusion in the said judgment:

As regards the second question referred to this Court, it is held that the life or duration of an anticipatory bail order does not end normally at the time and stage when the accused is summoned by the court, or when charges are framed, but can continue till the end of the trial. Again, if there are any special or peculiar features necessitating the court to limit the tenure of anticipatory bail, it is open for it to do so."

In view of the above, we are of the opinion that the High Court wrongly held that the anticipatory bail granted to the accused had come to an end with the filing of the charge­sheet, the bench said while allowing the appeal. The Court clarified that it is always open to the parties to move an application before the concerned Trial Court for appropriate orders regarding the cancellation of anticipatory bail granted to the accused.

Case:  Dr. Rajesh Pratap Giri Vs. State Of U.P. [SLP (crl) .693-694/2020]

Coram: Justices NV Ramana, Surya Kant and Aniruddha Bose

Counsel: Adv Shish Pal Laler, AOR Rohit K. Singh

Citation: LL 2021 SC 140

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