https://www.taxtmi.com/caselaws?id=312811 Section 438 of the Code of Criminal Procedure is a beneficent provision protecting personal liberty and the presumption of innocence, and it contains no express temporal restriction on when anticipatory bail may be sought. The Court read the constitutional bench authorities to mean that the remedy remains available so long as the applicant has not been arrested, and the filing of a charge sheet does not by itself extinguish that remedy. It further held that "arrest" cannot be expanded to cover every later appearance or surrender after cognizance, as that would create a restriction not found in the statute. Anticipatory bail remained maintainable after filing of the charge sheet. en-us Thu, 24 Aug 2023 00:00:00 +0530 Sat, 09 Mar 2024 06:56:48 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=312811 Section 438 of the Code of Criminal Procedure is a beneficent provision protecting personal liberty and the presumption of innocence, and it contains no express temporal restriction on when anticipatory bail may be sought. The Court read the constitutional bench authorities to mean that the remedy remains available so long as the applicant has not been arrested, and the filing of a charge sheet does not by itself extinguish that remedy. It further held that "arrest" cannot be expanded to cover every later appearance or surrender after cognizance, as that would create a restriction not found in the statute. Anticipatory bail remained maintainable after filing of the charge sheet. Case-Laws Indian Laws Thu, 24 Aug 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=312811