SC rules anticipatory bail under Section 438 CrPC (482 BNSS) continues unless limited and isn’t revoked by filing chargesheet.
Anticipatory Bail Survives Chargesheet Filing: Supreme Court
The Supreme Court held that anticipatory bail granted under Section 438 of the CrPC (now Section 482 BNSS) continues to operate after the filing of a chargesheet unless expressly limited by the court. The bench clarified that filing a chargesheet does not automatically terminate the protection.
The judgment consolidates earlier rulings in Sushila Aggarwal v. State (NCT of Delhi) and Abdul Karim Telgi v. State, emphasizing that such bail is generally intended to be effective throughout investigation and trial unless exceptional circumstances justify termination. The court urged lower courts to refrain from imposing arbitrary expiry dates.
This decision provides clarity to practitioners defending individuals in white-collar and corporate crimes. It strengthens the efficacy of anticipatory bail and ensures continuity of liberty unless specific conditions are breached.
Citations
- Code of Criminal Procedure, 1973, Section 438
- Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482
