judicial custody & bail points required.
Querist :
Anonymous
(Querist) 19 June 2011
This query is : Resolved
A person was wanted in a criminal case. He surrendered before the magistrate. The magistrate granted him bail. But in order sheet he did not write that he was first taken into custody by him on his surrender and then granted bail. Subsequently he was acquitted from the case. The said person applied for a government job and in his verification form in answer to a question "whether arrested?" he wrote "No". He was denied the job for making a false declaration. His advocate says that since the magistrate while enlarging him on bail did not write in the order sheet that he was taken into custody on his surrender so it can be safely presumed that he was not arrested and that the surrender did not meant arrest. The law officer of government opined that the surrender before the magistrate and subsequent enlargement on bail will be deemed to be arrest by the the magistrate and then enlargement on bail. What is the position of law? Can a magistrate Grant Bail to an accused person on surrender before his court without taking him in the custody? Since the magistrate has not written in the order sheet that the accused was taken into custody and then granted bail then will it be considered an implied custody? Kindly answer with the reference of the law or rulings whether the law is in favour of the candidate or not?
1) But who can a magistrate give him the bail as the section 437, 438 only session court & HC has the powers?
2) What does the order sheet means?
3) He was taken into custody but which custody whether police or judicial custody?
4) Surrender did not meant arrest? Means if the accused surrender himseld in the police station or in the court then he should not be arrest? Then where to keep him in judicial custody or police custody?
5) Where it is right that when the accused surrender himself in the court direct when the hearings is going on or in the police custody after the hearing or before the hearing he/she should be in the judicial custody & not in the police custody?
6) When a accused gets judicial custody? Any process or any section speaks when does the accused can get the judicial custody? Can a accused demand for the judicial custody in any stage before the
court?
7) Can a magistrate Grant Bail to an accused person on surrender before his court without taking him in the custody? So it is compulsory granting a accused a bail (interim or anticipatory) both inclusive before he should be take in the custody & then only he will get the bail.
8) Eleaborate more when the judicial custody is given when it is mandatory & when the police custody is given & when it is mandatory?
Thanks for the reply sir's.
