accused is already on bail or whether he/she
is required to seek fresh bail at the time of the committal.
5. At this stage ... custody, whether accused who is on bail,
again shall seek fresh bail also called 'committal bail'.
There are many occasions even prior
custody, whether accused who is on bail, again shall seek fresh bail also called 'committal bail'. There are many occasions even prior ... appeared before the Committal Court. Subsequently, the case was posted for committal. At that stage he approached this Court for anticipatory bail. A learned Single
grant bail. Hence the main question for consideration is whether the committing court has jurisdiction to grant bail at the time of committal when ... anticipatory bail had been granted to him, by competent court. It is settled law that when the accused is on bail, the committal court cannot
brought
to bear on him.
The Conundrum of Cognizance, Committal & Bail
21. We have already noted in para 8 the creation by the CrPC ... further empowering
the Additional Sessions Judge hearing other Bail Applications whether post
committal or as the Appellate Court, to also entertain Bail Applications
bail prior to the committal proceedings he cannot be remanded to custody during the committal proceedings. Even when the bail was granted limiting ... accused to custody during the committal proceedings and at the time of committal only subject to the provisions of bail. However, if the offence alleged
since the applicants had not got themselves released on bail before moving application for committal of the case, the same deserved to be dismissed ... obtain bail as there was no such provision making it mandatory on the part of the accused to first obtain bail. Committal proceedings were procedural
brought to bear on him.
The Conundrum of Cognizance, Committal & Bail
42
21. We have already noted in para 8 the creation ... further empowering the Additional Sessions Judge
hearing other Bail Applications whether post
committal or as the Appellate Court, to also
entertain Bail Applications
would further submit
that the second accused was granted bail by the committal court though his
application for pre-arrest bail was rejected by this ... entirely different. Therefore, the granting of regular
bail by the committal court to the second accused wouldn't stand
abeyance the warrant of arrest issued by the committal court
against the petitioner till the bail application is considered by the
Sessions Court. A further ... further empowering the Additional Sessions Judge
hearing other Bail Applications whether post committal or as
the Appellate Court, to also entertain Bail Applications
appeared before the trial Court and
were enlarged on bail.
4 S.C.No:04/2018
6. Since the offences are exclusively triable ... Court, A-1 and A-2 appeared and were enlarged on
committal bail.
9. After hearing both the sides on framing charges,
charges framed
