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Amar Nath Neogi v. The State of Jharkhand

Criminal Appeal · 2017 INSC 1028Decided 10 Oct 2017
Criminal Appeal No. 1758 of 2017
Justice Kurian Joseph · Justice R. Banumathi

Background

The appellant, a senior citizen over 65 years old who had never been in government service, was an accused in a cheating and forgery case under Sections 420, 467, 468 and 471 of the IPC in Jharkhand. Investigation in the case had already been completed and a final report (chargesheet) had been filed, yet the appellant sought anticipatory bail, bail granted before arrest, which the Court found puzzling given that stage of the case.

Decision Breakdown

The Supreme Court observed that once a final report has been filed, seeking anticipatory bail is not the appropriate remedy, since that protection is meant for the pre-arrest stage. Taking into account the appellant's age and background, the Court disposed of the appeal by directing him to surrender before the competent trial court within two weeks, after which he would be entitled to regular bail on executing a bond of Rs. 50,000 with two solvent sureties of an equal amount.

Lesson Learnt

Anticipatory bail is meant to protect a person before arrest; once the police investigation is complete and a final report/chargesheet has been filed, the correct course is to surrender and seek regular bail, not to keep pursuing anticipatory bail.

Official source (sci.gov.in)View Judgment (PDF)

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