CrPC 439 application after chargesheet filing
21-Oct-2023 (In Anticipatory Bail Law)
Accused was granted Anticipatory Bail by Delhi High Court in IPC 376 case and appeared for investigation by Police. Thereafter, Police filed charge sheet and accused has been appearing in all the court hearings till date. Accused got executed bail bond from MM court but didn’t file an Application for Regular Bail at the court of MM.
Now, the case is in Sessions Court and accused filed an Application for Regular Bail u/s 439 CrPC, while accused has never been into Jail. Now, sessions court is confused on the below aspect:
a) How to grant regular bail when the accused is already out of custody.
b) Whether to accept the application filed u/s 439 to grant accused regular bail or not?
Please advise.
c) Anticipatory Bail granted by Delhi High Court stands valid till the conclusion of the case Or is it valid only till the chargesheet is filed by the Police?
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