SUNDEEP KUMAR BAFNA vs STATE OF MAHARASHTRA

The Supreme Court addressed the issue of bail under Section 439 of the Code of Criminal Procedure (CrPC), emphasizing that a person seeking regular bail must be in the custody of the concerned Magistrate as per Section 167 CrPC. The Court held that since the appellant had not responded to summons and was not in custody, the High Court's dismissal of the bail application was justified. The Court clarified that the Magistrate's jurisdiction is paramount in such matters, particularly when the case involves serious charges under Sections 288, 304, 308, 336, 388 read with 34 and Section 120-B of the IPC, which could lead to life imprisonment under Section 437(1) CrPC.