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Synopsis

The Supreme Court recently took exception to a high court's order granting anticipatory bail to an accused with a condition that whenever a charge sheet is filed, the trial court should ensure that he is put behind bars.

"We are of the firm opinion that whenever a court considers an application for anticipatory bail/bail, it is a composite order and one portion cannot be segregated from the other. Thus, if a court gives indulgence in one part, it is only in the background of what follows and how the court balances the equities," a bench of Justices Ahsanuddin Amanullah and Prashant Kumar Mishra said.

The court was dealing with a special leave petition filed by Ritesh Kumar, who was aggrieved with the Patna High Court's order of August 31, 2024.

The high court had said, "It is further made clear that if charge sheet is submitted against the petitioner connecting him with the offence in that event the present anticipatory bail order shall lose its effect and the trial court shall take all coercive steps to ensure that petitioner is behind bar.”

His counsel submitted that such a condition of the petitioner being taken into custody upon submission of charge-sheet was not proper.

Having considered the matter, the bench said, the court after giving indulgence of granting anticipatory bail, because at that point of time nothing serious had come against the petitioner; should then have left it open for the trial court to take a call on submission of charge-sheet.

"To this extent, the counsel for the petitioner is correct that there could not have been a specific direction that upon submission of charge-sheet, the court shall take all coercive steps to ensure that the petitioner is behind bar," the bench said

The bench further opined the court could have just left it open for the trial court to consider the matter upon the petitioner appearing and then taking a call without there being any mandamus issued to take him into custody.

Accordingly, without interfering in the order impugned substantially, the court modified the direction and ordered that the petitioner shall appear before the court concerned within a period of three weeks.

Till then, the interim protection granted earlier by the top court by order on November 25, 2024, should continue, the bench ordered, disposing of the petition.

Case Title: Ritesh Kumar Vs The State of Bihar