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Issues: Whether the applicant, who had been enlarged on interim bail in the pending regular bail proceeding, remained in custody for the purposes of Section 439 of the Code of Criminal Procedure, 1973, and whether he was entitled to be continued on bail despite expiry of the interim-bail period.
Analysis: The applicant had been in actual judicial custody when the bail application was filed and had thereafter been released by judicial order on interim bail subject to conditions and sureties. Such release did not terminate the court's control over him, because bail operates through constructive custody and the accused remains under the court's jurisdiction through the bond and conditions. The later lapse of the 45-day period did not warrant rejection of the pending bail application, particularly when the matter had not been finally decided on the earlier date and subsequent hearing dates were adjourned. The authorities on custody under Section 439 were distinguished on facts, while the principle that surrender or submission to court control satisfies custody for bail purposes was applied.
Conclusion: The applicant was held to be in constructive custody for the purpose of Section 439 and was entitled to be continued on bail.
Ratio Decidendi: For the purpose of Section 439 of the Code of Criminal Procedure, 1973, a person released on interim bail pursuant to judicial order and bound by its conditions remains in constructive custody under the court's control, and the pending regular bail application remains maintainable.
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