Sec. 438 of Cr.P.C.
chiranjib mukherjee
(Querist) 02 July 2008
This query is : Resolved
'X' got the anticipatory bail from higher court and there is a direction to 'X' that he will surrender before the court below within 7 days and within the period 'X' surrendered before the lower court and prayed for regular bail. Whether he is taken into j/c or another date is fixed for hearing of bail and call for CD without 'X' be taken into custody?
Srinivas.B.S.S.T
(Expert) 03 July 2008
I would say you totally misread the orders of the High court. The direction might have been that the X has to surrender before the lower court and the lower court has to dispose the bail petition upon merits. In such an event the Lower court has no interference of High court upon it and it will deal the bail petition of X afresh. Immediately after the surrender of X the Magistrate will order for judicial custody of X unless otherwise there are specific finding of the high court contrary to the same.
Prakash Yedhula
(Expert) 03 July 2008
Please clarify your case. When, you say X was granted anticipatory bail by Higher Court, the question of directing him to surrender before lower court would not arise. The High Court would have directed X to appear before the lower court within 7 days for the purposes of producing sureties etc
