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2 thoughts on “Custodial trial is not relevant while considering bail application u/s 439 of Cr.P.C, but may have some relevance for anticipatory bail -SC (17/11/2022)

  1. POLICE CAN INTERROGAGE ACCUSED WHEN HE IS IN MAGISTRATE CUSTODY.

    Cr.P.C. S.167 – Criminal Procedure – Judicial custody – Interrogation by Police – Permissible – Magistrate can direct the place and manner – Mere interrogation by Police, during such custody by permission of the Magistrate, cannot change the nature of custody (Para 4) Gian Singh Vs. State (Delhi Administration) 1981 CRI.L.J. 100.

    Accused who has been granted bail cannot be taken into police custody for further investigation unless bail is cancelled [Mithabhai Pashabhai Patel and others Vs. State of Gujarat ( 2009) 6 SCC 332 ]

    Pralhad Singh Bhati ..vs.. N.C.T. Delhi reported in AIR 2001 SC 1444. If the accused is released on bail for bailable offence and if later on non bailable offence is added, then police can arrest the accused without seeking cancellation of order of bail.

  2. CUSTODY – In Central Bureau of Investigation, Special Investigation Cell-I, New Delhi v. Anupam J.Kulkarni (AIR 1992 SC 1768) the question regarding arrest & detention in custody was dealt with

    In Kami Sanyal v Dist. Magistrate (1990 Crl.L.J. 2685), Darjeeling the Supreme Court observed that “ while a person is committed to jail custody by a competent Court by an order, which prima facie does not appear to be without jurisdiction or wholly illegal, a writ of habeas corpus in respect of that person cannot be granted”. It has been held that the crucial date when the legality of the remand is to be looked into is the date when the petition comes up for hearing, in Kana v. State of Rajasthan (1980 Crl.L.J. 344) the Jaipur Bench of the Rajasthan High Court, referring to the Full Bench decision of the Patna High Court, in Babunandan Mallah v. State (1972 Crl.L.J. 423) held that “if the detention of the accused is legal, when the bail application is preferred, his previous illegal detention should not be considered.”

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