SHAMBU MANDAL Vs. STATE BY BENGALURU

JUDGEMENT

(1.) Heard learned counsel for petitioners and learned HCGP.

(2.) By this petition, petitioners have sought for their release on bail under section 439 Cr.P.C.

(3.) The application filed by the petitioners before the Trial Court for grant of statutory bail under section 167(2) Cr.P.C. has been rejected on the ground that the petitioners were not in judicial custody in Crime No.240/2019 and therefore they are not entitled to maintain the application under section 439 Cr.P.C. It is observed by the learned magistrate that on the requisition submitted by the learned Public Prosecutor in the instant case namely in Crime No.240/2019, body warrant was issued to secure the petitioners, but the same was not executed and the petitioners were not produced before the Court, as such, the petitioners being not in custody of the Trial Court as on the date of presentation of the application under section 167(2) Cr.P.C., they are not entitled for statutory/default bail.