Whether magistrate can release accused on bail if police fails to produce remand report?

I have perused the impugned order dated 06.10.2016 and the same is reproduced herein below for ready reference:

"ORDER

Date: 06.10.2016

CR put up today before me on being endorsed with police papers and bail matters by the Hon'ble Addl. D.C. (Judl.)

Accused person Md. Nurul Haque is produced before me today.

No remand report has been submitted by the I/O. Hence, accused Shri. Md Nurul Haque is hereby granted bail for Rs. 50, 000/- with two sureties of the like amount and the following conditions:-

1. That the accused shall not abscond.

2. That the accused shall appear before the court as and when required. However as the accused is unable to furnish sureties today, accused is remanded back to judicial custody.

Accused person states that he can enlarge his own counsel. Fix 20.10.2016 for production.

Sd/-

(Smti. N.M. Momin)

Judicial Magistrate First Class

Shillong Court."

6. On perusal of the said impugned order, it appears and is understood that the learned trial Court below failed to appreciate the criminal jurisprudence, but rather passed an order in a very whimsical manner by passing a statutory provision of the Code of Criminal Procedure. We all know that while granting bail the Court is mainly guided by Section 437 and Section 167 Cr.P.C. along with other provisions as well as the gravity of offence. But here, it appears that the learned trial Court below has totally put all the procedures and principles on fire and passed a mechanical order without giving any reason before granting such bail.

From record it also appears that before granting bail the Court did not even bother to enquire with the Public Prosecutor or the Prosecuting Inspector as to why remand report had not been placed and simply came to the conclusion that, since there was no remand report, bail is to be granted for a sum of Rs. 50,000/- (Rupees fifty thousand) only. In my understanding, the impugned order dated 06.10.2016 is not a "bail order" as it is contrary to the provisions of law. We must remember that the Court is not to do the charity, but to render substantial justice. It is a settled principle of law that it is the duty of the criminal Court to find out the truth and should not miss the ends of justice even if the prosecution fails. But, after reading the impugned order dated 06.10.2016, I find that the concerned Magistrate has forgotten the gravity of offence and principle of criminal justice system, for which I expressed my anguish and displeasure.

IN THE HIGH COURT OF MEGHALAYA AT SHILLONG

Crl. Rev. P. No. 6 of 2016

Decided On: 14.10.2016

 State of Meghalaya and Ors.

Vs.

 Md. Nurul Haque

Hon'ble Judges/Coram:

S.R. Sen, J.

Citation: 2017 CRLJ794

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Whether remand report is public document or not ?

A Division Bench in IN RE RAMAN VELU (1972 KLT 922) held thus:

"Where, under S.167 or S.344 of the Code, the Magistrate passes an order of remand of the accused to custody, he performs a judicial act. That being so, the report, if any, submitted by the police is to furnish necessary information, on the perusal and examination of which the Magistrate has to take a decision as to whether or not the accused is to be committed to custody, or continued to be kept in custody, as the case may be. The purpose of the "remand report" is a relevant consideration in construing whether it is a 'public document' or not. What  

forms the basis of a judicial decision, or what is used to any extent in aid of a judicial decision, cannot but be a public document in our view. We are, therefore, of the opinion that the remand report submitted by the Police, whether in relation to the remand under S.167, of extension or remand under S.344 of the Code, is a public document within the meaning of S.74 of the Evidence Act. What is expected to be furnished to the court at the time of moving for the remand or for the extension of the remand, are the entries in the case diary which is a document forming acts or record of acts of the investigating officer."

Kerala High Court

SUNNY JOSEPH,vs STATE on 8 August, 2011

Bail Appl..No. 5786 of 2011()

Read full judgment here:click here 

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What is importance of remand report while remanding accused to PCR or MCR?

 The contention raised by the counsel that the remand reports are lacking in material particulars is also without merit. I have gone through the remand reports. Necessary details are available in the remand reports. A remand report is for the purpose of enabling the Magistrate to satisfy himself of the necessity to remand the accused. A particular remand report has significance only for the period during which the accused is remanded, unless the same is relied on for the remand of the accused for subsequent period also. A remand report need not contain all the details which are available in the First Information Statement and the other materials collected during investigation. The remand report need only contain sufficient materials to arrive at the conclusion that detention of the accused is necessary or the continued detention of the accused is necessary. In other words, a remand report is not a substitute for the material papers to be supplied on appearance of the accused. An accused is not entitled to contend that he is entitled to be released on bail on the ground that all the materials collected during the investigation are not reproduced in the remand report.

There is no provision in the Cr.P.C. requiring the Police Officer to submit a "remand report". But under Section 167 Cr.P.C. it is imperative that the Police Officer should send along with the accused a copy of the entries in the Police diary which he is bound to maintain under section 172Cr.P.C. Usually copies of the entries in the Police diary are not separately sent to the Magistrate. A gist of the above entries in the Police diary alone is incorporated by the Police Officer in the remand report or in the remand extension report. The purpose of filing such reports and the purpose of incorporation of the diary entries in such reports is to enable the Magistrate to decide whether he should authorize the detention or further detention of the accused to Police or judicial custody, as the case may be, or to release the accused. Bearing in

mind the purpose and significance of the remand report and the Constitutional rights of the arrestee, the accused has a right to get a certified copy of such remand report."

Kerala High Court

SUNNY JOSEPH,vs STATE on 8 August, 2011

Bail Appl..No. 5786 of 2011()

Read full judgment here:click here

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Whether accused can claim bail on ground that all materials collected during investigation are not reproduced in remand report?

The contention raised by the counsel that the remand reports

are lacking in material particulars is also without merit. I have gone

through the remand reports.       Necessary details are available in the

remand reports. A remand report is for the purpose of enabling the

Magistrate to satisfy himself of the necessity to remand the accused. A

particular remand report has significance only for the period during

which the accused is remanded, unless the same is relied on for the

remand of the accused for subsequent period also. A remand report

need not contain all the details which are available in the First

Information Statement and the other materials collected during

investigation. The remand report need only contain sufficient materials

to arrive at the conclusion that detention of the accused is necessary or

the continued detention of the accused is necessary. In other words, a

remand report is not a substitute for the material papers to be supplied

on appearance of the accused. An accused is not entitled to contend

that he is entitled to be released on bail on the ground that all the

materials collected during the investigation are not reproduced in the

remand report.
 IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5786 of 2011()


SUNNY, S/O. JOSEPH,
                      ...  Petitioner

                        Vs



 STATE, REPRESENTED BY THE
                      

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :08/08/2011

Citation: ILR2011(3)Kerala778, 2011 (3) KHC 603, 2011(3)KLJ531, 2011(3)KLT885

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