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Showing posts with label remand of accused. Show all posts
Showing posts with label remand of accused. Show all posts
Thursday, 3 July 2025

Gauhati HC: [S.187 BNSS] Status Of Hospitalised Arrestee Cannot Remain Unknown, Magistrate Must Verify Through Visit Or VC

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Though, there is no dispute at the bar regarding the proposition of law, as mandated by Article  22  of the  Constitution of India , that ev...
Saturday, 7 June 2025

Checklist Toolkit for Session Judges for deciding remand and Bail Applications Under NDPS Act

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  Pre-Application Assessment Legal Framework Verification Confirm charges under NDPS Act sections (particularly Sections 19, 24, 27A) ...
Friday, 6 June 2025

Constitutional Compliance Checklist for Magistrate Courts and Session Courts when Accused is Brought before them for Remand

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MANDATORY CONSTITUTIONAL VERIFICATION CHECKLIST IMMEDIATE ACTIONS (Before Considering Remand) 1. Article 22(1) Compliance Verification - [ ]...
Wednesday, 11 September 2024

Whether accused can seek anticipatory bail in subsequent offence after an order of police remand is passed against him in that case?

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  The investigating agency, if it deems necessary for the purpose of  interrogation/investigation in an offence, can seek remand of the  acc...

Whether investigating officer can seek remand of accused if he is in custody in previous offence if he is granted anticipatory bail in subsequent offence?

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  iii. While a person already in custody in connection with a particular  offence apprehends arrest in a different offence, then, the  subse...
Wednesday, 26 June 2024

Under which circumstances the high court may issue writ of Habeas Corpus and certiorari against judicial order?

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  Pronouncing upon the issue whether a writ of Habeas Corpus would lie against an order of remand under Section 167, by referring to the dec...
Friday, 26 April 2024

Supreme Court: Jurisdictional Magistrate can not Remand Accused in UAPA Cases Beyond 90 Days

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    In view of the definition of the 'Court' provided Under Section 2(1)(d) of UAPA, the jurisdictional Magistrate would also be clo...

Supreme Court: Court of Sessions Has Jurisdiction To Try UAPA Cases When State Hasn't Designated Any Special Court

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 Section 2(1)(d) of UAPA provides the definition of 'Court' under the Act and it reads as below: {Para 34} 2. Definitions.-(1) In th...
Monday, 12 June 2023

Supreme Court : The Day on which accused is remanded by Magistrate should be counted for the purpose of default bail

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  Thus, the default bail Applications were filed well before the chargesheet. In Ravindran(supra) and Bikramjit (supra), which followed the ...
Wednesday, 6 July 2022

Remand of accused and remand under Special Acts

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  Meaning & Purpose of Remand Meaning : “Remand” is to send back into custody either custody of police or  Judicial Custody. Purpose: to...
Sunday, 16 May 2021

Whether court can release the accused on default bail by joining his broken period of custody?

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   One of the contentions raised is that the order passed by the High Court of Delhi, is not one passed under Section 167 of the Cr.P.C., fo...

WHETHER SUPERIOR COURTS (INCLUDING A HIGH COURT) CAN EXERCISE POWER UNDER SECTION (167) OF CR.P.C.?

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   One of the contentions raised is that the order passed by the High Court of Delhi, is not one passed under Section 167 of the Cr.P.C., fo...
Saturday, 22 August 2020

Bombay HC: Period for grant of default bail U/S 167 of CRPC includes the first day of remand of accused

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It is pertinent to note the recent three Judge bench decision of the Apex Court in case of  S. Kasi Vs. State  (Criminal Appeal No.45...
Saturday, 11 July 2020

Whether magistrate can remand accused to custody even though investigating officer has not produced case diary?

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 However, the submission made by the applicants that the learned Magistrate has committed an error in granting remand and ordering detenti...
Friday, 27 December 2019

Whether session judge can remand accused for more than fifteen days?

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  By these Petitions, the Petitioners seek their release by invoking the writ of Habeas corpus on the ground that their judicial custody w...
Sunday, 25 November 2018

Whether accused can be denied default bail by extending his remand beyond period of 60 or 90 days?

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 In the present case as on the 90th day, there were no papers or the charge-sheet in terms of Section 173 of the Code for the concerned Ma...
Saturday, 24 June 2017

Whether accused can claim bail on ground that he was kept in custody without order of remand?

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As per section 167(2)(b) of the Code, normally for seeking an order of remand to continue the accused in custody, the accused is required ...
Sunday, 9 April 2017

Whether accused can be remanded without producing him before magistrate either physically or through video conference?

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 The second question is as to whether remand for custody of the accused can be given without producing before the court below either phy...

Whether accused can be remanded in police custody prior to registration of offence?

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  As per the provisions quoted above, custody of the accused can be after a report. In the instant case, accused petitioner seems to have ...
Monday, 20 June 2016

Whether magistrate can remand accused in judicial custody who is granted anticipatory bail by high court?

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 A learned Single Judge of this Court in Jose George v. State of Kerala [MANU/KE/0082/2006 : 2006 (2) KLT 188] held thus: "When thi...