Date: August 28, 2023
Full Bench of the Uttarakhand High Court has ruled that an application for anticipatory bail can be maintained even after the filing of a charge sheet in court. The judgment, authored by Hon’ble Justice Manoj Kumar Tiwari and supported by Hon’ble Chief Justice Sri Vipin Sanghi, settles a long-debated question regarding the stage at which an anticipatory bail application can be entertained.
The case came before the Full Bench after a series of references and hearings. Initially, a learned Single Judge referred the question to a Larger Bench, which was later answered affirmatively by a Division Bench. Despite this, the issues raised in the reference were not fully addressed, prompting another referral to the Larger Bench. The present verdict stems from this protracted legal process.
In his opinion, Hon’ble Justice Tiwari emphasized that the absence of legislative restrictions on the timing of filing anticipatory bail applications suggested that imposing such limitations would go against established constitutional principles. He cited landmark cases, including Gurbaksh Singh Sibbia v. State of Punjab and Sushila Aggarwal v. State (NCT of Delhi), which highlighted the importance of personal liberty as enshrined in Article 21 of the Indian Constitution. This right, the judgment noted, can only be curtailed through due process of law.
The judgment elaborated on the nature of anticipatory bail, which seeks to prevent the infringement of an individual's right to life and personal liberty by allowing the accused to seek pre-emptive relief from arrest. It cited previous Supreme Court decisions to support the position that the operation of an anticipatory bail order should not be limited by time unless compelling reasons exist.
Hon’ble Chief Justice Sri Vipin Sanghi, concurring with Justice Tiwari’s view, emphasized the inherent value of the right to life and personal liberty guaranteed under Article 21. He also noted that the Code of Criminal Procedure, in Section 438, aimed to safeguard individuals from the apprehension of arrest for non-bailable offenses.
The judgment pointed out that various instances were documented in which the Supreme Court had considered anticipatory bail applications even after the charge sheet had been filed. This consistent practice reflected the importance of preserving the individual’s liberty and dignity.
The Full Bench’s unanimous decision carries significant implications for the criminal justice system in India. By confirming that anticipatory bail applications can be entertained beyond the filing of a charge sheet, the judgment reinforces the protection of an individual’s fundamental rights enshrined in the Constitution.
The legal community has hailed the judgment as a progressive step toward safeguarding the rights of individuals and upholding the principles of justice and due process. This decision is expected to serve as a guiding precedent for future cases related to anticipatory bail applications across the country.
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