( 1 ) THE point came to be debated at the bar is whether the submission of charge-sheet of a non-bailable offence entails forfeiture of right to anticipatory bail. The rival contention is that, that submission of the charge-sheet docs not preclude or disentitle any petitioner to anticipatory bail merely because the charge-sheet has seen the light of the day.

( 2 ) IN adjudging the rival contentions, it is worthwhile to mention, since loaded with legion of judicial precedents that there is a sharp distinction and difference between Sections 437 and 438 of the Cr. P. C. The considerations of granting post arrest bail and pre-arrest bail are mutually exclusive of each other impelling the Court to consider the circumstances when such bail could be granted, Section 437 is fastened with discretion of the Court which is patently absent in considering the application for anticipatory bail by Court objectively.

( 3 ) IN the matter of according the prayer for bail, the Court should be circumspect when the offence complained of is non-bailable, in particular, where the trial has not yet commenced and, therefore, the Court is saddled with an obligation to take into cons