Code of Criminal Procedure, 1973–Secs. 439 & 397/401–Penal Code, 1860–Secs. 420, 409, 467, 468 & 471–Revision against the order of granting bail–Plea of petitioners that the accuseds were not in custody, when they applied for bail–So the provisions of Sec. 439 could not be invoked–Record of case revealing that accuseds surrendered before the Court and filed the application u/s. 439–They would be deemed in the custody of Court, when they surrendered–Held, application u/s. 439 was rightly allowed.
