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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Naveen Kedia S/o Late Shri K.P. Kedia – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petitioner's arrest in goa, interim bail, trial rejection. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. interim bail creates constructive custody for bail. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. physical surrender required; non-compliance forfeits custody. (Para 15 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. reply affirms constructive custody via precedents. (Para 24 , 25 , 26 , 27 , 28) |
| 5. first appearance mandates physical presence, bail violated. (Para 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 6. custody requires physical submission to court control. (Para 36 , 37 , 38 , 39 , 40 , 41 , 42) |
| 7. precedents distinguished; bail needs actual custody. (Para 43 , 44 , 45 , 46 , 47 , 48 , 50 , 51 , 52) |
| 8. petition dismissed absent judicial custody. (Para 53 , 54) |
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Siddharth Agarwal, learned senior counsel appearing for the petitioner and Mr. Sumeet Gadodia, learned counsel appearing for the A.C.B.
2. I.A. No. 876 of 2026 has been filed for ignoring the defect No. 20, as pointed out by the office.
3. Learned senior counsel appearing for the petitioner has submitted that so far as defect No. 20 is concerned, the vakalatnama of the petitioner has been file
Regular bail under BNSS Section 483 requires accused's physical presence or surrender establishing judicial custody; interim bail without compliance does not suffice, rendering application non-mainta....
The main legal point established in the judgment is the interpretation of 'custody' within the meaning of Section 439 of CrPC and the application of constructive custody in determining the eligibilit....
Anticipatory bail applications are maintainable even if the petitioner is already in custody for another case, affirming the protection of personal liberty under Article 21.
Anticipatory bail is an extraordinary remedy, granted sparingly in serious cases, and requires compliance with court conditions; failure to do so can lead to rejection of bail applications.
Detention from the time of the raid constituted a violation of the Applicant's rights under Articles 21 and 22(2) of the Constitution, leading to the grant of bail with stringent conditions.
Default bail—Essential requisite for availing statutory bail is that accused must have undergone authorised period of detention ordered by Magistrate.
(1) In bailable offence, right of accused to get bail is absolute and indefeasible right and courts have no discretion in granting bail.(2) Criminal Courts should consider bail applications particula....
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