SC Faults HC For Granting Police Custody Of Person On Bail

A bench comprising Justice Vikram Nath and Justice Sandeep Mehta held that granting police custody when a valid bail order is in force amounts to an indirect cancellation of bail and is impermissible in law. The bench observed that once an accused is released on bail, police custody cannot be granted unless the existing bail is first cancelled.

The apex court noted that the magistrate had earlier rejected the plea for police custody after recording that extensive investigation had already been carried out and several electronic devices had been seized. It found that the sessions court ignored these findings and interfered with a well-reasoned order of the magistrate.

The Supreme Court bench further observed, “We are afraid that the sessions judge, while accepting the revision, has completely overlooked the order passed by the magistrate.” The judges further held that the Telangana High Court had clearly erred in directing the grant of police custody of the accused.

The Supreme Court clarified that the discretion to grant or deny police custody remains exclusively with the magistrate. Once such discretion is exercised with reasons, the order should ordinarily not be interfered with by a revisional forum unless gross perversity is demonstrated.