Code of Criminal Procedure, 1973–Sec. 438 [Corresponding Sec. 482 of BNSS, 2023]–Bharatiya Nyaya Sanhita, 2023–Sec. 80/85–Rejection of anticipatory bail application–Justification–Earlier, the anticipatory bail was granted only up to filing the charge-sheet–Once having exercised the discretion in favour of the assused upon consideration of the over all matter, there was no good reason for the High Court to restrict it up to the stage of filing of the charge-sheet–Once anticipatory bail is granted, it ordinarily continues without fixed expiry–The filing of charge-sheet, taking of cognizance, or issuance of summons do not terminate the protection unless special reasons are recorded–Impugned order set aside with certain directions.
