https://www.taxtmi.com/caselaws?id=124336 Regular bail under Section 439 of the Code of Criminal Procedure is maintainable only when the accused is in custody; the custody requirement cannot be bypassed by relying on anticipatory bail principles. The distinction between anticipatory bail under Section 438 and regular bail under Section 439 remains material because the former is protective relief before arrest, while the latter applies after custody has attached. On the facts discussed, the court found no sufficient basis to interfere with refusal of bail, having regard to the allegations, stage of proceedings, and the limited material supporting release. The refusal of bail was therefore left undisturbed. en-us Fri, 12 Dec 2008 00:00:00 +0530 Thu, 27 Feb 2014 11:20:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=124336 Regular bail under Section 439 of the Code of Criminal Procedure is maintainable only when the accused is in custody; the custody requirement cannot be bypassed by relying on anticipatory bail principles. The distinction between anticipatory bail under Section 438 and regular bail under Section 439 remains material because the former is protective relief before arrest, while the latter applies after custody has attached. On the facts discussed, the court found no sufficient basis to interfere with refusal of bail, having regard to the allegations, stage of proceedings, and the limited material supporting release. The refusal of bail was therefore left undisturbed. Case-Laws Indian Laws Fri, 12 Dec 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=124336