Supreme Court · 2004 INSC 697 · Decided 6 December 2004
Sunita Devi v. State of Bihar and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 697 · [2004] SUPP. 6 S.C.R. 707
- Case number
- CRIMINAL APPEAL No. 1424/2004
- Decided
- 6 December 2004
- Bench
- ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 438, 439
Headnote
B Code of Criminal Procedure, 1973: Sections 438 and 439-Distinction between-Held: Order under S. 438 is passed in anticipation of arrest and becomes effective at the very C moment of arrest whereas the order under S. 439 is passed after arrest. Section 438-Anticipatory bail-High Court granted during only-Grant of unconditional protection is D clearly untenable and is liable to be set aside. Section 439-"Custody"-Meaning of-Held: The expression "custody" must be taken to be a compendious expression referring to the events on the happening of which the
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