CrPC 439 application filed after chargesheet filing. Accused not in custody
4 years ago
Accused was granted Anticipatory Bail by Delhi High Court in IPC 376 case and appeared for investigation by Police. Thereafter, Police filed charge sheet and accused has been appearing in all the court hearings till date. Accused got executed bail bond from MM court but didn’t file an Application for Regular Bail at the court of MM.
Now, the case is in Sessions Court and accused filed an Application for Regular Bail u/s 439 CrPC, while accused has never been into Jail. Now, sessions court is confused on the below aspect:
a) How to grant regular bail when the accused is already out of custody.
b) Whether to accept the application filed u/s 439 to grant accused regular bail or not?
Please advise.
c) Anticipatory Bail granted by Delhi High Court stands valid till the conclusion of the case Or is it valid only till the chargesheet is filed by the Police?
Pavan kumar Gudipati
Responded 4 years ago
Without Arrest, no requirement of 439. so Application is not even required
Anticipatory bail ends on filing of charge sheet as such the Sessions Court or/and Committal Court has to grant formal regular bail which is basics in criminal jurisprudence.
Sanjay Kumar Jha
Responded 4 years ago
Set Law is very clear, there is no confusion regarding AB and RB.
Once AB or RB is granted then it is till disposal of the case upto whether sentence or acquitted , if sentenced he may be sent to jail , for conviction.
There is no need of taking RB after AB granted already. The court below should not do so. While ,RB is granted to whom has been sent to jail after arrest.
Thanks
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