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DELHI HIGH COURT
DINESH KUMAR SHARMA
Pallab Chakraborty – Appellant
Versus
State (NCT of Delhi) – Respondent
| 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
Continuation of anticipatory bail application is unnecessary once charges are filed without arrest; petitioner can seek regular bail.
The court considered the likelihood of a lengthy trial and the filing of the charge sheet in granting anticipatory bail to the petitioner.
The court considered the stage of the trial, the petitioner's conduct, and the complainant's options for seeking protection in granting bail.
The power of anticipatory bail should be exercised only in exceptional cases, and the duty of the learned MM to monitor the investigation is crucial in determining the entitlement to bail.
Anticipatory bail under Section 438 is granted based on careful evaluation of circumstances, emphasizing personal liberty and the need for judicial discretion.
Granting of anticipatory bail and imposition of conditions to ensure cooperation in the investigation.
(1) Anticipatory bail – Once anticipatory bail is granted, it ordinarily continues without fixed expiry – Filing of charge-sheet, taking of cognizance, or issuance of summons does not terminate prote....
The main legal point established in the judgment is that the appellant should apply for regular bail and is granted protection against arrest till the bail application is decided.
The importance of expeditious disposal of anticipatory bail applications and the need to protect the valuable right of a person involved in matters concerning personal liberty.
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