1. No separate bail is required if the bail is granted.
2. The court shall pass order on same.
See you can peruse your application of Anticipatory bail here.
Chargesheet filed by police without arrest pending Anticipatory Bail application
Hi learned advocates I have applied for AB in sessions and have got interim bail / no coercive Order. Now, in between if Police submits chargesheet, my questions are: 1. If I would be required to take regular bail by providing the bailors ? 2. What will happen to my pending AB Application? I am not clear as to what will exactly happen here. Please help understanding about future process. Thanks in advance.
Asked 6 years ago in Criminal Law
Religion: Hindu
16 Answers
1. If charge sheet is filed, it is clear that your arrest is not required for interrogation. However, the police might claim that you are likely to destroy the evidence and/or influence the witnesses for which police might take you in to custody.
2. You have stated the you have got interim bail. So, how come your bail application is pending? However, if you have got AB, submit the same before the trial court and get regular bail.
1. Yes, after granting anticipatory bail from the Session Court, you will have to take Regular bail .
- After grant of Anticipatory bail , the court will have to accept bail bond , and it cannot be refused.
2. Actually, due to come technical issue or for remaining argument/ police report , your AB application is pending , and given interim bail is valid for only next date of hearing /argument on that application.
- It means that till date you are not granted AB from the session court, only interim protection is given by the Court.
1. After getting AB you need to apply for regular bail either within the time directed by court or with the submission of charge sheet.
2. If you do not as advised above then fresh order for warrant for arrest may be issued against you.
You would be required to take regular bail after filing of charge sheet by police
1. Yes you have to apply for regular bail from court by proving sureties.
2. It will become Infructuous once you appear before court and file application for surrender cum bail.
1. The interim bail will be effective for the stipulated period only, however since the police have already filed charge sheet, they may not initiate any action to remand you once the interim bail period expires.
2. You may follow it up and try to get regular bail also.
As your anticipatory bail is pending and the charge sheet has been submitted by police in the court you have to get the bail because you have not been arrested till now Court after taking cognizance order your rest at any point of time in case you do not have bail
1. Till the prosecution (police) challenges the Interim Bail, the Court would continue the same as Regular Bail, without the need for any further application /documentations. The interim Bail would continue, till disposal of case. However, depending on the charge sheet, it is the discretion of court to ask you to file 2 sureties and bond.
2. Police has to file Charge Sheet in court within 366 days, failing which you are entitled to move quashing proceedings in HC
Hello
Yes, you will have to regularise your anticipatory bail by furnishing fresh bail bonds in the court.
It is regular bail and this is to secure your presence in the court during the trial. It is very simple process
Once the charge sheet is submitted the police may arrest you and in that case you have to take regular bail from the court. The interim order would operate nevertheless and unless it is vacated you cannot be arrested.
Regards
You are under interim protection. At least till next date in AB, no arrest even if CS filed. Once charge sheet filed, and court not extended AB, than will require to apply for regular bail.
In this case also, no arrest by police once CS filed, court will issue warrants and may grant you regular bail.
Thus interim bail is a temporary bail for a period. if police filed chargesheet you would require to apply for regular bail.
Yes you can apply for regular bail you will get it easily. It will become infructous.
1. Grant of interim bail does not in any manner preclude the IO from filing the chargesheet.
2. Your pending bail application will neither become infructuous nor the interim protection will abate as a consequence of the filing of chargesheet by IO.
3. You will have to apply for regular bail unless the order of interim bail speaks otherwise,
Dear Sir,
Yes, you have to take regular bail
Anticipatory bail: section 438 Crpc to be filed when you have apprehension that you could be arrested or your liberty could be curtailed. It is to be filed before session or high court. The Anticipatory Bail comes to end when chargesheet is filed. At this stage you have to move regular bail application before trial court.
Interim bail: Anticipatory Bail is filed but police need to investigate the case and court feels that investigation could not be complated soon, court will then release you on interim bail. It is basically a protection given to you and direction to prosecution to no to arrest till further orders. Interim bail can also be allowed in regular bail. However the chances are bleak. You need to have very strong reasons to secure it. Like death or marraige.
Regular bail: Section 437 and 439 Crpc
Once accused is arrested and remanded to judicial custody, this bail is to be filed or once chargesheet is filed this bail is to be filed as mentioned above, provided you were earlier released on ABA.
