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23-Mar-2017 20:12

Wish I could dance for ya'll in person like Marilyn Monroe did but hopefully this makes ya'll wanna come back home faster. He can be stated to be in judicial custody when he surrenders before the court and submits to its directions. Mere receipt of the report of the Police Officer under Section 157 cannot by any stretch of imagination be equated with a stage of proceeding. The petitioner appeared before the Magistrate and made an application for bail as provided under Section 436 of Cr. The Magistrate refused to entertain the application of bail and rejected it on the ground that the applicants were neither arrested by the Police nor they had been summoned by the court, nor they appeared in response to any process of the court and as such they could as well be released on bail in the Police Station and any grant of bail would amount to exercising the power not vested in the court. The Scheme of Section 436, therefore, appears to be that at any stage prior to the proceeding before the court, it would be the power of the officer in charge of the Police Station to release such a person on bail and if such person is not prepared to offer bail at that stage, then at a subsequent stage, he can still offer the bail before the learned Magistrate at any stage of the proceeding.

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