- (1.) Heard the parties.
(2.) Leave granted.
(3.) This appeal is directed against the order of the High Court passed on 11.5.2005 rejecting the bail application filed by the appellant u/s. 439 of the code of criminal procedure mainly on the question of non-maintainability of the application. According to the High Court the petition u/s. 439 the code of criminal procedure is not maintainable as the petitioner was not in custody.;