Sc-stay on arrest 4weeks & petitioner to apply regular bail

SC ORDER QUA Stay on arrest 4weeks during That apply regular bail"" but magistrate and sessions stated and non maintainable and dismissed stating only people in custody are given regular bail. Review at highcourt judge reserved order 1yr advised to go for second ab . And for review he gave after one year that  only on surrender regular bail is granted. 

Then SC order is contradictory stay on arrest n regular bail- if surrender they should arrest and then issue bail but there is a stay on arrest how will this work

filed second ab and after 1.5 yrs the current judge dismissed stating sc order that I should go for regular bail. My question is when sc order a stay on arrest is there and these judges say regular bail is only for people in custody or should surrender then on surrender  how will they arrest ?


SC stay is on arrest, but the arrest is done by the police and not by any court. While surrender is before the court, and the moment the accused is able to surrender in the court, then police cannot arrest the accused, as police can arrest the accused only outside the particular court premises. Once the formalities of surrender is complete in the court, then the defense lawyer of the accused if prepared well in advance could petition for his bail or if not the accused would be sent to jail remand of 15 days. During these 15 intervening days, the accused or his lawyer could also try for regular bail. So the accused in order to gain bail should either be under police custody or in the jail (means Court's custody).

Thanks for your reply. In that case this order of supreme court is of no use, The order should have mentioned that i can apply for an AB instead of the term "regular bail". Kindly correct me if I am wrong- Options available is - SLP- 1.I can approach the SC for an AB  OR  2. Surrendering at SC and getting a regular bail- is this feasible? 

Thanks in advance.




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