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No Automatic Entitlement to Regular Bail Merely Because Accused Was Granted Anticipatory Bail

In SATPAL SINGH vs THE STATE OF PUNJAB, the Supreme Court held that the protection under Section 438, Cr.P.C. is available to the accused only till the court summons the accused based on the charge sheet (report under Section 173(2), Cr.P.C.). On such appearance, the accused has to seek regular bail under Section 439 Cr.P.C. and that application has to be considered by the court on its own merits. Merely because an accused was under the protection of anticipatory bail granted under Section 438 Cr.P.C. that does not mean that he is automatically entitled to regular bail under Section 439 Cr.P.C. The satisfaction of the court for granting protection under Section 438 Cr.P.C. is different from the one under Section 439 Cr.P.C. while considering regular bail.

Article referred: http://www.livelaw.in/no-automatic-entitlement-regular-bail-merely-accused-granted-anticipatory-bail-sc-read-judgment/

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