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Amit (Engineer)     18 July 2015

Can i directly surrender in hc

Dear Sirs,

My AB is cancelled by High Court in 498a/406 on the statement of investigation officer that I didn't join the investigation. The same is the basis of High Court AB cancellation order.

Now through RTI I got the clear reply that I joined the investigation. 

Now if I surrendar in magistrate court due to order of HC, he will not grant me bail and will send me to custody because he has no power to review High Court mistakes.

If I can directly surrender in HC, HC can at least have power to reconsider that they have given a wrong judgement on the basis of false statement by Investigation Officer.

Please suggest if I may directly surrender in HC instead of magistrate or session court. Is there any citation supporting this?


 6 Replies

Amit (Engineer)     19 July 2015

Dear TGK Sir,

I got the following order from Supreme Court which clears that once accused himself present in HC and put application for bail, he should be assumed in custody and HC have to listen his bail plea: [SUNDEEP KUMAR BAFNA Vs. STATE OF MAHARASHTRA] 


In conclusion, therefore, we are of the opinion that the learned Single Judge erred in law in holding that he was devoid of jurisdiction so far as the application presented to him by the Appellant before us was concerned. Conceptually, he could have declined to accept the prayer to surrender to the Courts’ custody, although, we are presently not aware of any reason for this option to be exercised. Once the prayer for surrender is accepted, the Appellant before us would come into the custody of the Court within the contemplation of Section 439 CrPC. The Sessions Court as well as the High Court, both of which exercised concurrent powers under Section 439, would then have to venture to the merits of the matter so as to decide 3 Page 40 whether the applicant/Appellant had shown sufficient reason or grounds for being enlarged on bail.


The impugned Order is, accordingly, set aside. The Learned Single Judge shall consider the Appellant’s plea for surrendering to the Court and dependent on that decision, the Learned Single Judge shall, thereafter, consider the Appellant’s plea for his being granted bail. The Appellant shall not be arrested for a period of two weeks or till the final disposal of the said application, whichever is later. We expect that the learned Single Judge shall remain impervious to any pressure that may be brought to bear upon him either from the public or from the media as this is the fundamental and onerous duty cast on every Judge. 


N.K.Assumi (Advocate)     19 July 2015

If you are aware of that Supreme Court Judgment and the statements of law is clear from the Judgment, why do you post the question? Once the Supreme Court delivered a Judgment, it should be followed without asking why and how?

M/s. Y-not legal services (Advocate)     19 July 2015

you can not surrender before H.C. you have to surrender before the concerned judicial magistrate only. 


high court has no power to accept surrender and remand to judicial custody.

anand (legal advisor)     19 July 2015

You need to surrender and then file for bail on the original jurisdiction of the court

laxmi kant joshi (instructor)     19 July 2015

You have to surrender before the concerned magistrate court only .

legaljoe68 (member)     24 July 2015

go to supreme court with all facts


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