https://www.taxtmi.com/caselaws?id=174977 Bail under Section 437 and Section 439 of the Code of Criminal Procedure is available only when the accused is arrested, detained, appears before the court, or is otherwise within that court's control. The custody requirement is central because bail is a release from custody, so a court can grant it only when the accused is in its actual custody or physical control. A production warrant under Section 267 is only a direction to produce the accused; it does not by itself create custody of the issuing court unless the accused is actually produced and submits to that court's jurisdiction. The text therefore treats actual custody, not the mere issuance of a warrant, as the decisive condition for bail consideration. en-us Wed, 14 Aug 1996 00:00:00 +0530 Mon, 02 Nov 2015 09:53:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=174977 Bail under Section 437 and Section 439 of the Code of Criminal Procedure is available only when the accused is arrested, detained, appears before the court, or is otherwise within that court's control. The custody requirement is central because bail is a release from custody, so a court can grant it only when the accused is in its actual custody or physical control. A production warrant under Section 267 is only a direction to produce the accused; it does not by itself create custody of the issuing court unless the accused is actually produced and submits to that court's jurisdiction. The text therefore treats actual custody, not the mere issuance of a warrant, as the decisive condition for bail consideration. Case-Laws Indian Laws Wed, 14 Aug 1996 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=174977