9911796707
TMI Blog2021 (7) TMI 1467X X X X Extracts X X X X X X X X Extracts X X X X ..... e IPC read with Section 66 of the I.T. Act and Sections 4/5/6 of Prize Chits and Money Circulation (Banning) Act. 4. As revealed from the record, the prayer for release of the petitioner on pre-arrest bail having been refused by this Court vide ABLAPL No. 14813 of 2019, he had moved the Apex Court in Criminal Appeal No. 468 of 2021 arising out of Special Leave to Appeal (Crl.) No. 3399 of 2021 and the Apex Court while disposing of the said Criminal Appeal, have held as follows: "Leave granted. It cannot be disputed that the prosecution did not seek the interrogation of the appellant on or before filing of the charge sheet. Charge sheet has been filed. This being the position, learned counsel for the appellant confines the relief only t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he learned counsel appearing for the C.B.I. would object to the prayer for bail of the petitioner with the submission that since the petitioner is not in custody, a petition under Section 439 of Cr.P.C. is misconceived. 8. It would be apposite to mention here that the petitioner though neither arrested by the police in the aforesaid case nor produced before the Magistrate nor did he appear physically, but he moved for his release on bail under Section 437 of Cr.P.C. before the learned Special C.J.M. (CBI), Bhubaneswar through his counsel, which was rejected on merit. The learned Special C.J.M. did not answer the question whether such bail application is maintainable in absence of the accused being produced before him or appearing before th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ofusion is needed to come to the realistic conclusion that he who is under the control of the court or is in the physical hold of an officer with coercive power is in custody for the purpose of S.439. This word is of elastic semantics but its core meaning is that the law has taken control of the person. The equivocatory quibbling and hide-and-seek niceties sometimes heard in court that the police have taken a man into informal custody but not arrested him, have detained him for interrogation but not taken him into formal custody and other like terminological dubiotics are unfair evasions of the straightforwardness of the law. We need not dilate on this shady facet here because we are satisfied that the accused did physically submit before t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted and mentioned that the accused had submitted to the custody of the court. We, therefore, do not proceed to upset the order on this ground. Had the circumstances been different we would have demolished the order for bail. We may frankly state that had we been left to ourselves we might not have granted bail but, sitting under Art. 136, do not feel that we should interfere with a discretion exercised by the two courts below." 11. In the case of Sundeep Kumar Bafna (supra) the Apex Court placing in the case of Niranjan Singh (supra) have held that the accused can also surrender in Court of Sessions or High Court and then seek bail under Section 439 of Cr.P.C. The petitioner in this case has not surrendered to the custody by remaining phys ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
