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2018 (11) TMI 1708 - HC - Indian LawsAnticipatory Bail - cognizable non- bailable offence - Whether, in the given facts, this court needs to refer to the order of Hon'ble Delhi High Court rejecting the anticipatory bail application, while considering regular bail application of the accused? HELD THAT:- While considering the regular bail application of the accused under Section 437(1) Cr PC, the factum of the rejection or acceptance of the anticipatory bail application, by itself, is not germane. However, the factors which weighed with the court while either rejecting or granting anticipatory bail to the accused, or such of them - as are relevant post the filing of the charge sheet, may be looked at by the Court while dealing with the bail application of the accused under Section 437(1) Cr PC. Since the court is seized of the final report/ charge sheet while dealing with the bail application under Section 437 (1) Cr PC, it would be in a position to make a better assessment and it should not get influenced by the conclusions drawn by the court while - either accepting, or rejecting the anticipatory bail of the accused. Whether this court needs to delve upon the reasons of non- arrest given by investigating agency after rejection of anticipatory bail of the accused by the Hon'ble High Court? - HELD THAT:- When the charge sheet is filed before the Court/ Magistrate without arresting the accused, despite the rejection of his anticipatory bail application by the High Court, it is not open to the court to examine whether the exercise of discretion by the Investigating Officer (IO) - not to arrest the accused despite rejection of his anticipatory bail application by this Court, has been properly exercised. The Magistrate/ Court is only concerned with the final report/ charge sheet, as filed. Whether the effect of anticipatory bail application, be it allowed or rejected, stands ceased with the filing of charge-sheet so as to consider the regular bail application without looking into the anticipatory bail application filed during investigation? - Difference of opinion - HELD THAT:- Due to difference of opinion the following questions for consideration by a larger bench of the Supreme Court, so that they are authoritatively settled in clear and unambiguous terms: Whether the protection granted to a person Under Section 438 Code of Criminal Procedure should be limited to a fixed period so as to enable the person to surrender before the Trial Court and seek regular bail - and Whether the life of an anticipatory bail should end at the time and stage when the Accused is summoned by the Court? Whether this court can release the accused on bail charge sheeted without arrest under section 376 IPC or any other offence punishable with imprisonment of life or death in view of bar under section 437(1)(i)[sic 437(i)] Cr. P.C.? - HELD THAT:- The accused, who is charge sheeted without arrest under Section 376 IPC or any other offence punishable with imprisonment for life or death, may be released on bail under Section 437(1) Cr PC, provided: i) There are no reasonable grounds for the Court to believe that the accused has been guilty of the offence punishable with death or imprisonment for life, or; ii) the accused is under the age of 16 years or a woman or a sick or infirm. The existence of the aforesaid circumstances merely enables the Court to consider the application for grant of bail under Section 437(1) Cr PC. However, the considerations which go into the making of the decision whether to grant bail or not, are those that we have exhaustively considered and set out herein above. Thus, it would depend on the circumstances of the individual case, whether or not the accused should be released on bail by the Court under Section 437(1) Cr PC.
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