Case Law Details
Vishal Gupta Vs Union Of India And Another (Allahabad High Court)
Submission of the learned counsel for the petitioner is that although petitioner has been released on interim bail in compliance of directions issued by High Power Committee but he shall be deemed to be in constructive custody of the Court. The second submission of the learned counsel for the petitioner is that complete charge sheet has not been filed by the investigating officer in the matter, so petitioner is entitled to default bail.
Per contra, learned counsel for respondent vehemently opposed the aforesaid submission and contended that the petitioner cannot be treated in constructive custody because he is already on interim bail. Further submitted that department can file additional evidence any time after submission of charge sheet under Section 173(8) Cr.P.C.
The word ‘custody’ has not been defined in the Criminal Procedure Code. In Sundeep Kumar Bafna v. State of Maharashtra & anr. (2014) 16 SCC 623, Hon’ble Apex Court has referred several other authorites and held as under:
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