JUDGMENT 1. - Admittedly bail application of the petitioner under section 439 Cr.RC. is pending before the learned Sessions Judge, Jaipur District. Contention of the petitioner is that he was granted anticipatory bail under section 438 Cr.RC. on March 6, 1998 and the said order was effective upto fifteen days after filing of the charge sheet. The petitioner was also directed that he will have to apply for regular bail after filing of the charge sheet. Pursuant to the said order the petitioner moved bail application under section 437 Cr.RC. before the Additional Chief Judicial Magistrate (SPE Cases) Jaipur Distt. on March 10, 1998. Learned ACJM accepted the bail application conditionally and released the petitioner on interim bail till March 25, 1998. The petitioner was directed by the ACJM to seek the regular bail order from the higher court in the meanwhile. The petitioner thereafter moved bail application under section 439 Cr.RC. before the learned Sessions Judge Distt, on March 11, 1998. 2. Grievance of the petitioner is that learned Sessions Judge though not issued directions in the black and white but has expressed his view orally that unless the petitioner surrenders before the court, his bail application under section 439 Cr.P.C. shall be treated as not maintainable. 3. Indisputably charge sheet of the case was laid in the court of ACJM on March 10, 1998. The petitioner surrendered before the said court and was granted interim bail till March 25, 1998. Thereafter bail application under section 439 Cr.PC. was filed by the petitioner on March 11, 1998. 4. In Niranjan Singh v. Prabhakar Rajaram Kharote, ( AIR 1980 SC 785 ) their Lordships of the Supreme Court indicated that an accused can be stated to be in judicial custody when he surrenders before the court and submits to its directions. 5. In the instant case the petitioner had surrendered himself before the learned ACJM on March 10, 1998. Learned ACJM directed the petitioner to seek regular bail order from the higher court in the meanwhile. Thereafter the petitioner applied for bail under section 439 Cr.P.C. on March 11, 1998. Under these circumstances the petitioner shall be deemed to be in the custody of the court and his bail application under section 439 Cr.RC. is maintainable. 6. Learned Sessions Judge Jaipur Distt. thereafter, is directed to decide the bail application of the petitioner on merits. Thereafter the petitioner applied for bail under section 439 Cr.P.C. on March 11, 1998. Under these circumstances the petitioner shall be deemed to be in the custody of the court and his bail application under section 439 Cr.RC. is maintainable. 6. Learned Sessions Judge Jaipur Distt. thereafter, is directed to decide the bail application of the petitioner on merits. The interim bail order granted by learned ACJM on March 14, 1998 shall stand continued till the bail application under section 439 Cr.RC. is disposed of by the Sessions Judge Jaipur Distt. Record be sent back forthwith.Petition allowed with directions. *******