Anticipatory bail after charge sheet is permissible in the crpc? The investigating officer has submitted a charge sheet against me and my mother. In these circumstances can we seek anticipatory bail?
Asked from: Delhi
Anticipatory bail is granted when the accused has apprehension of arrest. There would be no such apprehension only after submission of the charge sheet. It is a settled law that the court is not bound to accept the charge sheet.
The court has the power to reject the charge sheet if found that investigation is faulty. In vice-versa the court may take cognizance under 190 crpc and issue a process under section 204 crpc.
So only after filling the charge sheet it cannot be said that you have apprehension of arrest. In absence of apprehension of arrest the court shall reject your application.
Unless and until the court issues warrant you cannot file an anticipatory bail application. Wait until the issue of the warrant thereafter, you can invoke section 438 crpc.
