Continuation of anticipatory bail application is unnecessary once charges are filed without arrest; petitioner can seek regular bail.

Headnote:(A) Indian Penal Code - Sections 354, 354

(B), 376, 313, 498A, 323, 34 - Application for anticipatory bail - Chargesheet filed without arrest - Court ruled that continuation of anticipatory bail petition unnecessary as charges are already framed - Petitioner free to apply for regular bail. (Paras 3, 4, 6)

(B) Anticipatory Bail - Conditions for grant - Protection granted previously by the Court allows for application for regular bail before the Trial Court to be considered. (Paras 2, 7)

Facts of the case:
The petitioner seeks anticipatory bail concerning charges filed under serious offences as outlined. It was noted that the charge sheet was filed without arrest, and no custodial interrogation was deemed necessary.

Findings of Court:
The present anticipatory bail petition has been disposed of as the charges have been filed and the need for further proceedings in this context is moot.

Issues: The main issue was whether the continued anticipatory bail petition was necessary given the current status of charges.

Ratio Decidendi: The court determined that since the charge sheet was filed without arrest, there was no further need for the anticipatory bail petition and the petitioner may apply for regular bail.

Result: Petition disposed of.

Table of Content
1. anticipatory bail application process overview. (Para 1 , 2)
2. charges filed without arrest; no custodial interrogation needed. (Para 3 , 4 , 5)
3. disposition of the anticipatory bail petition. (Para 6)
4. option for regular bail application in trials. (Para 7)

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--Learned counsel for the respondent No.2 appears through video conferencing.

2. This is an application for anticipatory bail. This Court after recording the submissions of the parties, granted protection vide order dated 23.05.2022 and this protection is being extended from time to time.

3. Learned Addl. P.P. for the State, under instructions from the Investigating Officer, states that the chargesheet has already been filed against the accused/petitioner (herein) for the offence under Sections 354/354(B)/376/313/498A/323/34 IPC and the same has already been committed to the Court of sessions. It has been submitted that the charges are yet to be framed.

4. It is an admitted position that the chargesheet was filed without effecting arrest of the accused.

5. Learned Addl. P.P. for the State under instructions from the Investigating Officer has also stated that the Investigating Officer does not require custodial interrogation of the petitioner/accused.

6. In these circumstances, since the chargesheet has already been filed, there is no point in continuing with the present petition, and accordingly, the present petition stands disposed of.

7. However, the petitioner shall be at liberty to move an application for regular bail before the learned Trial Court and the learned Trial Court may consider the same taking into account the fact that the petitioner was granted protection of anticipatory bail by this Court.

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