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Sundeep Kumar Bafna v. State of Maharashtra

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 689 of 2014)Decided 27 Mar 2014
Criminal Appeal No. 689 of 2014
Justice K.S. Radhakrishnan · Justice Vikramajit Sen

Background

This order sends the case back; it does not decide the dispute. After failing to obtain anticipatory bail, an accused appeared before the Bombay High Court and asked to surrender and seek regular bail. The High Court rejected the application on the basis that he first had to be arrested or surrender before a magistrate.

Decision Breakdown

This is not a final decision on the dispute. The Court set aside that order and directed the High Court to consider the request to surrender, followed by the regular-bail application if surrender was accepted. Physical submission to the court's control can amount to custody for Section 439; prior police arrest is not the only route. The High Court therefore had jurisdiction to consider the request and, if necessary, refuse bail and order custody. Protection from arrest continued for two weeks or until disposal of that application, whichever was later; the Supreme Court did not itself grant regular bail.

Lesson Learnt

An accused who actually submits to a court's control may seek regular bail without first being arrested by police, but acceptance of surrender does not guarantee bail.

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

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