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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?
Answers (2)

Answer #1
777 votes
anticipatory bail is the crossing of arrest then accused bail surrender in court then code will be decide he is capable for bail it's very technical issue but CrPC says about accuse accuse have been surrender then pray it's now mandatory always and this cases is the ss crime
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Answer #2
787 votes
Session court can send him in judicial custody and thereafter reject his bail application on merits. Please read the anticipatory order. Generally anticipatory bail is either till the filing of chargesheet or for prescribed period. Anticipatory bail can not be valid throughout the trial.
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