NIRANJAN SINGH & ANR. vs PRABHAKAR RAJARAM KHAROTE & ORS.

The Supreme Court held that 'custody' under Section 439(1)(a) of the Criminal Procedure Code refers to the physical control or presence of the accused in court, emphasizing that even those on bail can be considered in custody if they submit to the court's jurisdiction. The Court stressed the necessity for a responsible government to suspend police officers facing serious charges, unless exceptional circumstances exist. It also ruled that bail applications should avoid detailed examination of evidence to prevent any party from feeling prejudiced, establishing that a prima facie case is sufficient for bail consideration.