Applying for bail without being in custody an abuse of process of law: Bombay High Court

The conduct of the applicants to apply for bail immediately after surrendering without subjecting themselves to questioning in a serious offence, was an abuse of process of law, the Court said.
Bombay High Court
Bombay High Court

A bail application cannot be entertained if the bail applicant is not in custody despite having surrendered before the lower court, the Bombay High Court observed refusing to grant bail to the applicants, accused of subjecting a woman to cruelty under Section 498-A of Indian Penal Code and abetment of suicide under Section 306 IPC (Kausalya Dnyanoba Dhemdere & Ors. v. State of Maharashtra).

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