The High Court disposed of a bail application filed by accused already on bail. The court held that once accused appear and obtain bail, the question of anticipatory bail does not arise.
Petitioners directed to appear before the court below within a fortnight.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A. B. A. No.1882 of 2015
-----For the Petitioners : Mr. Lukesh Kumar, Advocate For the State : A.P.P.
03/18.08.2015: Heard learned counsel for the parties.
The petitioners are accused in a case registered under Sections 341, 323, 504, 506 and 34 of the Indian Penal Code.
It appears that the case has been registered under Sections 341, 323, 504 and 506/34 and all offences are bailable in nature. The petitioners had appeared before the court below and have been granted bail. After investigation, police has submitted charge sheet under Sections 341, 323, 504, 307 and 506/34 of the Indian Penal Code and, accordingly, cognizance has been taken under Sections 341, 323, 504, 307 and 506/34 of the Indian Penal Code also. Thereafter, the petitioners have been directed to appear before the court below.
It is apparent that the petitioners have been enjoying the privilege of bail and they have not misused the privilege of bail and their bail has not yet been cancelled. Once the accused person(s) has/have appeared, question of anticipatory bail does not arise.
In the circumstances, the petitioners are directed to appear before the court below within a fortnight from today and, if they do so, learned court below shall pass an appropriate order.
With the above observation and direction, this bail application stands disposed of.
Sanjay/
1 issue framed by the court
Whether the petitioners, already on bail, require anticipatory bail at the stage of charge-sheet submission.
1 provisions across 1 enactments
Sirajuddin @ Narayan Others
The State of Jharkhand
D. N. Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
