Anticipatory bail remains available after cognizance or charge-sheet filing, subject to judicial assessment of the facts and custodial needs.

Section 438 CrPC does not cease to operate merely because cognizance has been taken or a charge-sheet has been filed. The High Court and Court of Session retain jurisdiction to grant anticipatory bail in non-bailable offences, and those post-investigation events are only relevant factors to be weighed with the gravity of the offence and the need for custodial interrogation. The earlier decision referred to is treated as a guideline on the ordinary limited duration of anticipatory bail, not as a bar to maintainability. Anticipatory bail may therefore still be granted after cognizance or filing of the charge-sheet if the facts justify such relief.

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Issues: Whether anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 can be granted after cognizance has been taken or a charge-sheet has been filed.

Analysis: Section 438 confers power on the High Court and the Court of Session to direct release on bail in the event of arrest in non-bailable offences. The taking of cognizance or filing of a charge-sheet does not by itself create any statutory bar to the exercise of that power. Those circumstances may be relevant considerations, along with the gravity of the offence and the need for custodial interrogation, but they do not denude the court of jurisdiction. The earlier decision relied upon was understood as laying down only a guideline that anticipatory bail should ordinarily be of limited duration and that the regular court should thereafter consider bail on the material before it.

Conclusion: Anticipatory bail can be granted even after cognizance is taken or a charge-sheet is filed, if the facts justify such relief, and the objection to the maintainability of anticipatory bail on that ground fails.

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