Anticipatory bail cannot replace custody for regular bail, while supervision notes remain confidential and undisclosable police material.

Regular bail under Section 439 requires the accused to be in custody, and anticipatory bail under Section 438 cannot be extended so as to bypass that statutory condition. A continuing or unconditional protective order that allows a person to seek regular bail without surrendering was treated as inconsistent with the distinction between the two provisions and was set aside. Supervision notes are not part of the police papers required to be supplied to the accused under Sections 207 and 208, are not meant for use as evidence, and their disclosure would compromise confidentiality; they are therefore not supplyable and cannot be relied on in court.

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Issues: (i) Whether an order of anticipatory bail could continue beyond the limited period so as to permit the accused to seek regular bail without first being in custody; (ii) whether supervision notes form part of the police papers to be supplied to the accused and can be relied upon by either side.

Issue (i): Whether an order of anticipatory bail could continue beyond the limited period so as to permit the accused to seek regular bail without first being in custody.

Analysis: Section 439 of the Code permits regular bail only where the accused is in custody. Section 438 operates in a different field and grants protection only in anticipation of arrest. The earlier view allowing time to move the higher court could not override the statutory custody requirement under Section 439. An order extending anticipatory protection so as to bypass custody would render the distinction between Sections 438 and 439 meaningless. The Court treated the broader contrary observation as rendered per incuriam.

Conclusion: The unconditional and continuing protection granted by the High Court was untenable and was set aside. The accused was directed to surrender and then seek regular bail within the time granted.

Issue (ii): Whether supervision notes form part of the police papers to be supplied to the accused and can be relied upon by either side.

Analysis: The documents contemplated by Sections 207 and 208 are the materials that the prosecution proposes to use so that the accused may know the case to meet. Supervision notes are not included in those documents, are not meant for supply to the accused, and are not to be used by the prosecution as evidence. Their disclosure undermines confidentiality and indicates unauthorized access to official records.

Conclusion: Supervision notes are not supplyable police papers and cannot be relied upon in court; confidentiality was directed to be protected.

Final Conclusion: The appeal succeeded in part by setting aside the broad anticipatory-bail protection and by clarifying the non-disclosure of supervision notes, while granting the accused limited time to surrender and seek regular bail.

Ratio Decidendi: Regular bail under Section 439 can be sought only after the accused is in custody, and anticipatory bail cannot be extended so as to nullify that statutory requirement.

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