In view of the above facts, in the present case, in our
opinion, the High Court is not justified on the basis of Dinesh
Dalmia (supra) in upholding refusal of remand in police
custody by the Magistrate, on the ground that accused stood
in custody after his arrest under Section 309 CrPC. We have
already noted above the principle of law laid down by the three
judge bench of this Court in State v. Dawood Ibrahim
Kaskar (supra) that police remand can be sought under
Section 167(2) CrPC in respect of an accused arrested at the
stage of further investigation, if the interrogation is needed by
the investigating agency. This Court has further clarified in
said case that expression ‘accused if in custody’ in Section
309(2) CrPC does not include the accused who is arrested on
further investigation before supplementary charge sheet is
filed.
Reportable
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1081 OF 2015
(Arising out of S.L.P. (Crl.) No. 3611 of 2015)
Central Bureau of Investigation V Rathin Dandapat and others
Prafulla C. Pant, J.
Dated;August 21, 2015.
opinion, the High Court is not justified on the basis of Dinesh
Dalmia (supra) in upholding refusal of remand in police
custody by the Magistrate, on the ground that accused stood
in custody after his arrest under Section 309 CrPC. We have
already noted above the principle of law laid down by the three
judge bench of this Court in State v. Dawood Ibrahim
Kaskar (supra) that police remand can be sought under
Section 167(2) CrPC in respect of an accused arrested at the
stage of further investigation, if the interrogation is needed by
the investigating agency. This Court has further clarified in
said case that expression ‘accused if in custody’ in Section
309(2) CrPC does not include the accused who is arrested on
further investigation before supplementary charge sheet is
filed.
Reportable
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1081 OF 2015
(Arising out of S.L.P. (Crl.) No. 3611 of 2015)
Central Bureau of Investigation V Rathin Dandapat and others
Prafulla C. Pant, J.
Dated;August 21, 2015.
Citation: 2015 SCC OnLine SC 743
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