Under section 438 CrPc, in anticipation of arrest accused obtained ad-interim bail fixing 28th March 2010 for the accused to regularized the bail and this ad interim bail was granted in the absence of the accused. Accused has told his counsel that he wiil appear before the Court in person on the 28th March 2010. The question is on the date fixed that is 28th March 2010, if accused appears before the Court he will be under the custody of the Court, and 438 applies when accused is not in the custody that is judicial custody or police custody. So on 28th March 2010 whether Session Court will apply 438 or 439 to the accused when the accused appear before the Court for permanent bail in spite of ad interim bail.
