Custody for bail includes surrender before court, and a reasoned bail order should not be lightly disturbed.

Custody under Section 439 of the Code of Criminal Procedure is not limited to formal arrest or remand; it also includes surrender before the court and submission to its jurisdiction, so the Sessions Court had jurisdiction to consider bail once the accused appeared and surrendered. The Supreme Court further held that a reasoned bail order, affirmed by the High Court, should not be lightly interfered with under Article 136 where discretion has been exercised on the material before the lower courts, especially in a case involving rival versions. The challenge to the bail order therefore failed and the accused remained on bail.

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Issues: Whether an accused can seek bail under Section 439 of the Code of Criminal Procedure, 1973 only upon being in custody, and whether the grant of bail by the Sessions Court, affirmed by the High Court, called for interference.

Analysis: Custody for the purpose of Section 439 is not confined to formal arrest or remand; it includes physical control of the accused by the investigating agency or submission to the court's jurisdiction by appearance and surrender. The accused here had surrendered before the Sessions Court, so the jurisdiction to entertain the bail application arose. The Court also held that an order granting bail should not be interfered with lightly under Article 136 when the lower courts have exercised discretion on the material before them, particularly where the matter involves rival versions and the trial court must remain uninfluenced by observations made only for the bail question.

Conclusion: The accused were in custody within the meaning of Section 439, and the order granting bail did not warrant interference.

Final Conclusion: The challenge to the bail order failed, and the accused's release on bail was allowed to stand.

Ratio Decidendi: Custody under Section 439 of the Code of Criminal Procedure, 1973 includes surrender before the court and submission to its jurisdiction, and an appellate court should not ordinarily upset a reasoned bail order when jurisdiction is properly attracted and discretion has been judicially exercised.

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