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SC on bail in cases punishable with death or life imprisonment.

Ss.439 – Bail – Custody of person accused of commission of non- bailable offence punishable by life imprisonment or death – Bail by sessions Court / High Court – Sine qua non for consideration of his plea for bail under S.439 – Meaning of “custody”.

 

Not synonymous with arrest or detention – Custody takes place as soon as accused surrenders before court and submits to its directions – Ratio of Niranjan Singh, (1980) 2 SCC 559, held, holds the field – High Court erroneously held it to be per incuriam – Words & Phrases – “Custody”.

RIGHTS OF ACCUSED IN CRIMINAL PROSECUTION

Case:

Sandeep Kumar Bafna Vs. State of Maharashtra.

 

Citation:

(2014) 16 SCC 623

 

Bench Stenghth – 2.

Coram: *K.S.P. Radhakrishnan & Vikramjit Sen, JJ.

 

Date of decision: 27-03-2014

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Shared by:

ADV. MAHESH VASWANI,

MUMBAI.

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