Reply To: 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)

Checkout Forums Civil Law Discourse 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) Reply To: 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)

#118327
advtanmoy
Keymaster

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.”