Shiv Kumar Sharma, J. - (1.) The instant bail application has been filed by petitioner Smt. Manjula under section 439 Cr.P.C. in a case registered under section 8/18, 8/28 and 8/29 of N.D.P.S. Act on December 1, 2000.
(2.) Two order passed by the learned Trial Court have been appended with the bail application. The order dated November, 8, 2000, appended with the bail application is the order of interim bail whereby the petitioner was released, under section 439 Cr.P.C. for a period of two months. She was to surrender before the Superintendent, Central Jail, Jaipur, on December 8, 2000. It follows that on December 1, 2000, when the instant bail application under section 439 Cr.P.C. was filed by the petitioner, she was not in custody.
(3.) Section 439 Cr.P.C. provides that is High Court or Court of Session may direct that any person accused of an offence and is in custody be released on bail. (emphasis supplied);