LAW FOR ALL

Sec.439 I.P.C. - arrest / surrender before court - once the surrender is accepted, the court has to look on the merits of granting bail ? - the appellant filed a bail application under sec.439 and also surrender petition - High court held that when the Appellant’s plea to surrender before the Court is accepted and he is assumed to be in its custody, the police would be deprived of getting his custody, which is not contemplated by law, and thus, the Appellant “is required to be arrested or otherwise he has to surrender before the Court which can send him to remand either to the police custody or to the Magisterial custody and this can only be done under Section 167 of CrPC by the Magistrate and that order cannot be passed at the High Court level.” - Apex court held that the learned Single Judge erred in law in holding that he was devoid of jurisdiction so far as the application presented to him by the Appellant before us was concerned. Conceptually, he could have declined to accept the prayer to surrender to the Courts’ custody, although, we are presently not aware of any reason for this option to be exercised. Once the prayer for surrender is accepted, the Appellant before us would come into the custody of the Court within the contemplation of Section 439 CrPC. The Sessions Court as well as the High Court, both of which exercised concurrent powers under Section 439, would then have to venture to the merits of the matter so as to decide whether the applicant/Appellant had shown sufficient reason or grounds for being enlarged on bail. = SUNDEEP KUMAR BAFNA ....APPELLANT vs STATE OF MAHARASHTRA & ANR. …..RESPONDENT(S) = 2014 (March. Part ) judis.nic.in/supremecourt/filename=41343