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2021 (10) TMI 634 - GST
Grant of default bail - constructive custody or not - complete charge sheet has not been filed by the investigating officer in the matter - submission of petitioner is that although petitioner has been released on interim bail in compliance of directions issued by High Power Committee but he shall be deemed to be in constructive custody of the Court - HELD THAT:- Custody means when a police officer arrests a person, produces him before the Magistrate and gets a remand to judicial or other custody, he can be stated in judicial custody when he surrender before the court and submits to its directions. As petitioner has been released on interim bail, so he cannot be treated in constructive custody, as his movements are not restricted as per directions of the Court - If a person who has been released on bail is treated in custody, then it will be mockery of justice. Bail always presupposes custody. Bail can be granted only when a person is detained.
The submission of the petitioner that the petitioner despite being on interim bail shall be treated in constructive custody of the court, cannot be agreed upon. For the purposes of bail, petitioner cannot be treated in constructive custody.
Grant of default bail - filing of incomplete charge sheet - HELD THAT:- It is admitted position of the parties, petitioner was arrested on 28.01.2021, charge sheet was submitted on 26.03.2021 and he was released on interim bail on 26.05.2021 - In case, after submission of charge sheet, or during trial any evidence comes in light, it can be filed in Court to do justice between the parties. Merely, on account of averments made in para 13, it cannot be said that incomplete charge sheet has been submitted by the prosecuting agency.