Shivani Gadhavi-
Published On: November 19, 2021 at 20:34 IST
The Supreme Court of India observed that just because an option for surrender and application of regular bail was given to parties, it does not prevent them for applying for an anticipatory bail after the filing of a chargesheet.
The Supreme Court Bench of Justices R Subhash Reddy and Hrishikesh Roy were hearing a special leave petition by the father-in-law and mother-in-law of a deceased who are accused under Section 323, Section 498A, 304B of the Indian Penal Code (IPC) and Section 3 and 4 of the Dowry Prohibition Act, 1961.
The Bench stated, “Merely because it was kept open for the petitioners to surrender and apply for Regular Bail after filing of the charge sheet, the same does not preclude the petitioners to apply for anticipatory bail under Section 438 Cr.P.C. after filing of the charge sheet. It also cannot be said, that same is a second application for grant of anticipatory bail as pleaded by learned counsel appearing for respondents, on the same cause of action.”
The Apex Court countered the impugned order of the Allahabad High Court which rejected the petitioner’s application for an anticipatory bail.
The Allahabad High Court in its order mentioned an order of the Supreme Court dated 7th October, 2020 and directed that the parties did not need to apply for a second bail and should have surrendered in a lower court and applied for a regular bail as ordered by the Apex Court.