Back
2019 Supreme(SC) 1778
SUPREME COURT OF INDIA
Ashok Bhushan, K.M. Joseph, JJ.
Naresh Chandra Dutta @ Naren Dutta - Appellant
Versus
State Of West Bengal - Respondent
Criminal Appeal No. 457 of 2019; Special Leave To Appeal (Criminal) No. 7739 of 2018
Decided On : 08-03-2019
Abhijit Kumar Chattopadhyay, Adv., Amit Singh Rawat, Adv., Sachin Pahwa, Adv., Manju Jetley, Adv., Suhaan Mukerji, Adv., Astha Sharma, Adv., Amit Verma, Adv., Abhishek Manchanda, Adv., Dimple Nagpal, Adv.
Granting of anticipatory bail and the conditions for surrender and regular bail upon filing of the charge sheet.
Headnote:
Anticipatory Bail - Criminal Appeal - The court granted leave and disposed of the criminal appeal with an observation that the appellant shall not be arrested until the charge sheet is filed. However, it was made clear that if the charge sheet is filed, the appellant shall surrender and apply for regular bail.
Fact of the Case:
The appellant filed an appeal against the rejection of his anticipatory bail application by the High Court.
Finding of the Court:
The court granted leave and disposed of the criminal appeal with an observation that the appellant shall not be arrested until the charge sheet is filed. However, it was made clear that if the charge sheet is filed, the appellant shall surrender and apply for regular bail.
Issues: Rejection of anticipatory bail, appearance before the Investigating Officer, and cooperation with the investigation.
Ratio Decidendi: The court decided that until the charge sheet is filed, the appellant shall not be arrested, but if the charge sheet is filed, the appellant shall surrender and apply for regular bail.
Final Decision: The appellant shall not be arrested until the charge sheet is filed, but if the charge sheet is filed, the appellant shall surrender and apply for regular bail.
ORDER
1. Leave granted.
2. We have heard learned counsel for the parties.
3. This appeal has been filed against the judgment and order dated 21.06.2018 passed by the High Court in CRA No. 4057/2018 by which the application for anticipatory bail of the appellant has been rejected.
4. This Court issued notice on 21.01.2019 and also directed the appellant to appear before the Investigating Officer on 28.01.2019.
5. Learned counsel for the appellant submits that the appellant has appeared before the Investigating Officer and shall appear and co-operate with the investigation. Learned counsel for the State submits that no charge sheet has been filed till now.
6. In the facts and circumstances of the present case, t he criminal appeal is disposed of with an observation that till the charge sheet is filed, the appellant shall not be arrested. We, however, make it clear that if the charge sheet is filed, the appellant shall surrender and apply for regular bail.
