1. With the consent both parties this application is disposed of at the motion stage itself.

2. Appellants had moved the application under section 438 of CrPC for grant of anticipatory bail in Crime No. 660/05 registered by Police Station Lordganj, Jabalpur, under sections 323, 294, 506, 324 and 307/34 of IPC it was registered as MCrC 1639/06. This Court after due consideration of facts and circumstances of the case allowed the application and directed the appellants to be released on anticipatory bail. The order passed is as under:

"It is directed that in the event of arrest, applicants shall be enlarged on bail on their furnishing a personal bond in a sum of Rs. 15,000/(Rupees fifteen thousand only) and a surety bond, each, in the like amount to the satisfaction of police officer arresting them.

The applicants shall abide by the conditions enumerated under sub-section (2) of section 438 CrPC"

3. While disposing of the aforesaid bail application no condition was imposed that applicant shall surrender and apply for regular bail.

4. Learned counsel for the appellants submits that the appellants in compliance of the order furnished bail before the concerned police but when they appeared before the Learned Magistrate at the time when the police filed the charge sheet, it was observed by the Learned Magistrate that the aforesaid order for grant of anticipatory bail was not meant for the Court, though for some technical reasons the charge sheet was returned, therefore, the appellants were not taken into custody.

5. In the aforesaid circumstances, the applicants have moved the present application for modification/clarification of the bail order dated 9.3.2006. In the present context it is made clear that since the order directing release of the applicants on anticipatory bail was unconditional and was not an interim order, it is to be deemed that the bail order shall continue till the end of the trial. In fact when the accused is enlarged on bail under section 438, CrPC, though the order is passed in anticipation of arrest, but it takes effect only after the accused is arrested. Therefore, in the absence of any conditions restricting the liberty of the accused, it is to be deemed that the order granting bail shall remain in force even after filing of the charge sheet and till the trial is concluded unless it is cancelled under section 437 (5) & 439 (2) of the Code of Criminal Procedure.

6. The same view has been taken by this Court in case of B.L. Verma v. State of M.P reported in [1979 JLJ 419 = 1979 MPLJ Note 11], wherein it has been held that bail under section 438 CrPC is valid not only till the charge sheet is tiled but till the trial is concluded unless cancelled under section 437 (5) or 439 (2).

7. In this view of the matter in case the appellants appear before the concerned Magistrate, they shall be enlarged on bail on their furnishing a personal bond in a sum of Rs. 15,000/- and a surety bond each in the like amount to the satisfaction of concerning Magistrate.