would be appropriate for respondent no.2 to
immediately apply for bail after surrendering and in that
case, such bail application is to be decided ... would be appropriate for respondent no.2 to
immediately apply for bail after surrendering and in that
case, such bail application is to be decided
bail and has executed bail bond, as
such at his instance another anticipatory bail
application can not be maintainable. He will have to
surrender ... taking
cognizance, he is capable of granting bail, will grant
him bail. In case where the anticipatory bail granted
17
for limited period has been
bail petitioner, but since the petitioner
has violated the conditions of bail bond, therefore,
Learned Trial Court directed the arrest of the bail
petitioner ... returning to India, the bail petitioner
surrendered before the Trial Court on 22.04.2024
and on surrender, the bail petitioner moved a Bail
Application
bail. In these circumstances the
appeal is allowed and the appellant is directed to be released on bail in the
event of arrest or surrender ... Magistrate ?
Will it not amount to surrender ?
If so, he can only come out on bail and will it not defeat the power of
arrest
bail.
Be that as it may, I am inclined to admit the petitioner
on anticipatory bail. The petitioner is directed to surrender in the
court ... bail.
Be that as it may, I am inclined to admit the petitioner
on anticipatory bail. The petitioner is directed to surrender in the
court
difference between
anticipatory bail where one applies for enlargement of bail even when he is at
large and bail where one applies for enlargement when ... that he must apply for
regular bail and not anticipatory bail. If he is to
apply for regular bail, then he must be under
apply for regular bail. The analogy to
'deemed bail' under Section 167(2) with anticipatory bail
leads this court to conclude that ... accused who is on regular bail. Obviously a prayer for
anticipatory bail cannot be passed upon surrendering
because then it would tantamount to going into
Delhi whereby the learned MM, in a surrender-cum-bail application
granted bail to Respondent No. 2 in terms of Section 437 of the CrPC ... Subsequently, on 15.02.2022, by the impugned order, in a
surrender cum bail application filed by Respondent No. 2, the learned
MM granted bail to Respondent
sheet is filed and
thereafter compel the accused to surrender and ask for regular
bail under section 439 Cr.P.C., meaning thereby the legislature ... charge-sheet is
filed and thereafter the accused has to surrender and seek bail
application under section 439 Cr.P.C. is neither envisaged
superior court would impose conditions for grant
of bail on such surrender. When the High Court in categorical terms has
expressed the view that ... hand the direction to admit the accused persons to bail
on their surrendering has no sanction in law and, in fact, creates a dent
