Sundeep Kumar Bafna vs State Of Maharashtra & Anr

The Supreme Court addressed the issue of jurisdiction in granting regular bail under Section 439 of the Code of Criminal Procedure (CrPC), emphasizing that a person seeking bail must be in the custody of the Magistrate as per Section 167 CrPC. The Court held that the High Court cannot grant bail if the accused is not in custody, and the Magistrate's powers are limited once a case is committed to Sessions. The appeal was dismissed, affirming the High Court's ruling that the application for bail was not maintainable due to the absence of custody.