Regular bail after charge-sheet depends on current materials, not prior anticipatory bail or police non-arrest decisions.

Anticipatory bail is not, by itself, decisive when regular bail is considered after filing of the charge-sheet; the court must assess the current materials before it, though earlier anticipatory bail considerations may remain relevant where still applicable. The Magistrate cannot examine or second-guess the investigating agency's decision not to arrest during investigation merely because anticipatory bail was refused, as arrest is not mandatory in every cognizable non-bailable case. Under Section 437(1) CrPC, bail to a charge-sheeted but unarrested accused is barred where reasonable grounds exist to believe guilt for an offence punishable with death or life imprisonment, subject to the provision's exceptions and provisos.

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Issues: (i) Whether the rejection or grant of anticipatory bail must, by itself, govern consideration of regular bail after filing of the charge-sheet. (ii) Whether the Magistrate can examine the reasons why the accused was not arrested during investigation after rejection of anticipatory bail. (iii) Whether an accused charge-sheeted without arrest for an offence punishable with death or imprisonment for life can be released on bail under Section 437(1) of the Code of Criminal Procedure, 1973.

Issue (i): Whether the rejection or grant of anticipatory bail must, by itself, govern consideration of regular bail after filing of the charge-sheet.

Analysis: The factual status of an earlier order on anticipatory bail is not, by itself, the decisive factor when the court considers regular bail after the charge-sheet has been filed. The relevant inquiry is whether the materials now before the court justify release on bail, though the considerations that weighed with the court on anticipatory bail may be looked at to the extent they remain relevant after completion of investigation. The court must not allow the earlier anticipatory bail decision to control the fresh bail determination mechanically.

Conclusion: The rejection or grant of anticipatory bail is not, by itself, germane to the regular bail decision, though relevant underlying factors may be considered.

Issue (ii): Whether the Magistrate can examine the reasons why the accused was not arrested during investigation after rejection of anticipatory bail.

Analysis: The statutory scheme does not require arrest in every cognizable non-bailable case, and the decision whether to arrest during investigation lies with the investigating agency under the Code. The Magistrate, at the stage of dealing with the charge-sheet and bail application, is concerned with the final report as filed and cannot sit in judgment over the investigating officer's choice not to arrest merely because anticipatory bail had been refused. The Magistrate may act on defects in the charge-sheet or incompleteness of investigation, but not on the non-arrest decision itself.

Conclusion: The Magistrate cannot delve into or test the reasons for non-arrest by the investigating agency merely because anticipatory bail was rejected.

Issue (iii): Whether an accused charge-sheeted without arrest for an offence punishable with death or imprisonment for life can be released on bail under Section 437(1) of the Code of Criminal Procedure, 1973.

Analysis: Section 437(1) permits bail to a person who appears before or is brought before a Magistrate in a non-bailable offence, but carves out exceptions where reasonable grounds exist to believe that the accused is guilty of an offence punishable with death or imprisonment for life, and also in repeat-offender situations covered by the provision. If those exceptions are made out, the Magistrate cannot release the accused on bail and the remedy lies before the Court of Sessions or the High Court under the wider bail jurisdiction. If the case does not fall within those prohibitions, or if the statutory provisos apply, the Magistrate may consider bail on ordinary bail principles.

Conclusion: Yes, such an accused may be released on bail only where the statutory bar in Section 437(1) is not attracted or where the provisos permit it; otherwise bail cannot be granted by the Magistrate.

Final Conclusion: The reference was answered by affirming that anticipatory bail rejection does not automatically control regular bail, that the Magistrate cannot scrutinize the investigating agency's non-arrest decision, and that bail for a charge-sheeted but unarrested accused depends on the limits and exceptions contained in Section 437(1).

Ratio Decidendi: In a charge-sheeted case without arrest, the Magistrate must decide regular bail on the present materials under Section 437(1), without treating rejection of anticipatory bail or the police decision not to arrest as determinative, while remaining bound by the statutory prohibitions applicable to offences punishable with death or imprisonment for life.

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