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Head Note

The Code of Criminal Procedure, 1973  - Section 439 , Indian Penal Code,1860  - Section 302 , Section 341 , Section 294

Application of accused for grant of bail rejected by High Court, with direction that if accused surrenders before trial Magistrate, in that event Magistrate shall release accused on bail - Order of High Court set aside - Held - (i) High Court or Sessions Court cannot issue a blanket order restraining arrest and it can only issue an interim order and the interim order must also conform to the requirement of the section and suitable conditions should be imposed. (ii) Direction to admit the accused persons to bail on their surrendering has no sanction in law and, in fact, creates a dent in the sacrosanctity of law.

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