Joginder @ Jindi vs State Of Haryana

The Supreme Court held that Section 438 of the Cr.P.C. pertains only to non-bailable offences, and thus, a petition under this section for bailable offences is misconceived. The Court found that the High Court was unjustified in requiring custodial interrogation for bailable offences. The Court disposed of the special leave petition, allowing the petitioner to seek regular bail upon surrender, without being influenced by the High Court's observations.