MANJULA Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant bail application has been filed by petitioner Smt. Manjula under section 439 Crimial P.C. in a case registered under section 8/18, 8/28 and 8/29 of N.D.P.S. Act on Dec. 1, 2000.

(2.) Two order passed by the learned Trial Court have been appended with the bail application. The order dated Nov., 8, 2000, appended with the bail application is the order of interim bail whereby the petitioner was released, under section 439 Crimial P.C. for a period of two months. She was to surrender before the Superintendent, Central Jail, Jaipur, on Dec. 8, 2000. It follows that on Dec. 1, 2000, when the instant bail application under section 439 Crimial P.C. was filed by the petitioner, she was not in custody.

(3.) Sec. 439 Crimial P.C. provides that is High Court or Court of Session may direct that any person accused of an offence and is in custody be released on bail. (emphasis supplied)