GAGAN RAHANGDALE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This case initially came up for hearing on 28/7/2023. On the same date, bail application was admitted and considering the submission of learned counsel for the applicant, application for grant of ad-interim bail was considered, allowed and ad-interim bail was granted to the applicant till final disposal of the main bail application. Operative portion of the order dtd. 28/7/2023 is extracted below for ready reference :

(2.) Learned senior counsel for the applicant would submit that when once the Court has considered and allowed the application for grant of ad-interim bail, interim bail granted to the applicant shall continue till final disposal of the bail application. There is no requirement of the applicant to surrender again before the Court below and, in turn, sending him to jail. He submits that in such circumstances, if the applicant files application for surrendering himself before the jurisdiction of this Court, then such surrender can be deemed to be in constructive custody and after such surrender, bail application filed under Sec. 439 of Cr.P.C. can be considered and heard finally. In support of his contention, he places reliance upon the decision of Hon'ble Supreme Court in the case of Sundeep Kumar Bafna Vs. State of Maharashtra and Anr. (2014) 16 SCC 623 and the order passed by High Court of Orissa in the case of Susanta Kumar Samantaray and Anr. Vs. State of Odisha (VIG.) (CRLMC No.1483 of 2023). He contended that the applicant is present before this Court and he has moved an application (IA No.7/2024) on 9/1/2023 and IA No.14 of 2024 dtd. 16/1/2024 for permission to surrender before this Court. Surrender of the applicant may be treated to be constructive custody of the Court.

(3.) Learned counsel for the State as also learned counsel for the complainant submit that they are having no objection to the application submitted by the applicant for his surrender before this Court.