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:
http://judis.nic.in/supremecourt/imgs1.aspx?filename=41343 [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.