Held:
“Anticipatory
bail is granted in anticipation of arrest in non-bailable
cases, but that does not mean that the regular court,
which is to try the offender, is sought to be bypassed
and that is the reason why the High Court very rightly
fixed the outer date for the continuance of the bail
and on the date of its expiry directed the petitioner
to move the regular court for bail. That is the correct
procedure to follow because it must be realised that
when the Court of Sessions or the High Court is granting
anticipatory bail, it is granted at a stage when the
investigation is incomplete and, therefore, it is not
informed about the nature of evidence against the alleged
offender. It is, therefore, necessary that such anticipatory
bail orders should be of a limited duration only and
ordinarily on the expiry of that duration or extended
duration the court granting anticipatory bail should
leave it to the regular court to deal with the matter
on an appreciation of evidence placed before it after
the investigation has made progress or the charge-sheet
is submitted."
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