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Police Custody After Judicial Remand 1
Police Custody After Judicial Remand 1
courts of law. There have been occasions when unlawful detention has
therefor has been paid. There are several provisions which incorporate
2) Arrest
The word "arrest" when used in its ordinary and natural sense means
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and "arrest" are not synonymous. It is true that in every arrest there is
custody but vice versa is not true. Mere utterance of words or gesture
nugatory.
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the whole;
police custody.
(iii) A copy of the order and the reasons should be sent to the Chief
Judicial Magistrate.
judicial custody, then aforesaid limitation will not apply. C.B.I. -Vs-
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6) Default Bail
3952 the Hon'ble Apex Court has held, “On a careful reading of the
Singh Thakur's case has somewhat in a similar matter stated the same.
and others reported in 1997 Cri.L.J. 2989 - The Hon'ble Apex Court
held that there cannot be any manner of doubt that the remand and the
detention in custody under Section 167. While remand under the former
detention under the latter relates to the stage of investigation and can
Section 167 thereof would not apply to a person who comes to be later
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that his detention in its (police) custody was essential for that purpose.
309(2) refer and relate to an accused who was before the Court when
cognizance was taken or when enquiry or trial was being held in respect
Section 309 (2), but he who comes under the second category will be
That necessarily means that in respect of the latter the Court which has
taken cognizance of the offence may exercise its power to detain him in
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Dandapath and others reported in AIR 2015 S.C. 3285, the Hon'ble
principle stated in Sayed Mohd. Ahmad Kazmi's case which has based
are obliged to conclude and hold the principle laid down in Paragraph
by us) do not state the correct principle of law. It can clearly be stated
treated to be a good law. Our view finds support from the decision in
Union of India and Ors. v. Arviva Industries India Limited and Ors.
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Maharashtra reported in 2006 (5) Mah. L.J. 690, it has been held that
CASES
Court for bail in sessions triable cases. If magistrate prefers to give bail
1444.
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6 SCC 332 ].
306 of IPC and later on offence under section 302 is added, it was
police can not arrest him. With the change of the nature of the offence,
1444. If the accused is released on bail for bailable offence and if later
on non bailable offence is added, then police can arrest the accused
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12) When the court grant anticipatory bail either interim or final
the following factors and para meters are to be considered (1) the nature
offence (3) the possibility of the applicant to free from justice (4) where
the accusation has been made with the object of injury or humiliating
with witnesses (6) need for custodial interogation and (7) other relevant
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13) The Sessions Court can grant transit bail for limited period
be granted or not and depend upon the gravity of the offence and facts
magistrate can ask police to make an inquiry and submit report and if
sufficient cause only then the Court can proceed to recover money.
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15) Conclusion:
(T.K.Jagdale)
Group Leader
Civil Judge (Sr.Dn.)
Gadchiroli
Group Members:
1) Shri.R.B.Rehpade, 2) Shri.S.Y.Abaji,
Chief Judicial Magistrate, Judicial Magistrate First Class,
Gadchiroli. Gadchiroli.
3) Shri.D.R.Bhola, 4) Shri.D.J. Kalaskar,
Judicial Magistrate First Class, Judicial Magistrate First Class,
Armori. Aheri.
5) Shri.K.R.Singhel,
Judicial Magistrate First Class,
Desaiganj.