Interim Bail Conditions Not Met; Court Emphasizes Need for Physical Presence for Custody Under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023
In a significant ruling, the Jharkhand High Court dismissed the bail application of Naveen Kedia, reinforcing the importance of physical presence in establishing custody under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The decision was delivered by Justice Sanjay Kumar Dwivedi, who upheld the trial court's decision to deny Kedia's regular bail due to non-compliance with interim bail conditions and lack of physical presence before the court.
Naveen Kedia, who was arrested by the Anti-Corruption Bureau (ACB) on January 7, 2026, in Goa, had been granted interim bail by the Sessions Judge, Merces, Goa, on January 9, 2026, with specific conditions including surrendering before the Investigating Officer. Kedia failed to comply, leading to the forfeiture of his bail bond. Subsequently, his regular bail application was rejected by the In-charge Judge, AJC-XIII, Ranchi, due to his absence from court.
The High Court emphasized that under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, physical presence or surrender before the court is crucial for invoking jurisdiction. The court clarified that constructive custody through sureties does not suffice for a regular bail application.
The judgment also highlighted the distinction between interim and regular bail, underscoring that interim bail conditions must be strictly adhered to, and non-compliance negates entitlement for regular bail. The court cited several precedents, including the Supreme Court's decision in Niranjan Singh v. Prabhakar Rajaram Kharote, to elucidate the concept of custody, which requires physical control or presence before the court.
Justice Dwivedi's ruling reiterates the judicial principles governing bail applications and custody, reflecting on the necessity of physical presence for legal procedures. The court's decision stands as a reminder of the rigorous requirements for bail under Indian law, especially concerning the newly enacted Bharatiya Nagarik Suraksha Sanhita, 2023.
Bottom Line:
Custody for the purpose of regular bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 requires physical presence or surrender before the court. An accused on interim bail who fails to comply with the interim conditions and does not physically appear before the court cannot be considered in judicial custody.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 483, 83, 187; Bharatiya Nyaya Sanhita, 2023 Sections 61(2), 318, 336, 340, 316, 45, 49; Prevention of Corruption Act, 1988 Sections 7(c), 12, 13(2), 13(1)(a)
Naveen Kedia v. State of Jharkhand, (Jharkhand) : Law Finder Doc id # 2848757
