Court Cannot Direct Accused to Surrender While Rejecting Anticipatory Bail: Supreme Court

The Supreme Court held that courts lack the jurisdiction to compel an accused to surrender before a trial court while rejecting an anticipatory bail plea.

A bench of Justice JB Pardiwala and Justice Ujjal Bhuyan clarified that if a court denies bail, it may do so, but it cannot mandate a surrender.

The Court emphasized that in complaint cases, police cannot arrest an accused unless a non-bailable warrant is issued.

This ruling came while hearing an appeal against a Jharkhand High Court order, with the top court noting that such unauthorized directions lead to unnecessary litigation.

[Om Prakash Chhawnika v. State of Jharkhand & Anr.]