SC Criticizes Anticipatory Bail Condition Mandating Arrest After Chargesheet Filing

SC Criticizes Anticipatory Bail Condition Mandating Arrest After Chargesheet Filing

The Supreme Court ruled that an anticipatory bail order is a composite one and should not be fragmented. It stated that if anticipatory bail is granted, the trial court should have the discretion to decide on custody after the chargesheet is filed. Automatically mandating arrest upon chargesheet filing was deemed improper. The Supreme Court modified the High Court’s condition of automatic arrest upon chargesheet submission. It ruled that the petitioner must appear before the trial court for a bail decision based on the case's merits, without automatic arrest. The petitioner was directed to appear within 3 weeks, with interim protection extended until then.

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