Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | police custody Remand |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | s. 167 r/w s. 57 - Remand of accused in police custody - On revival of complaint at the instance of a third party and after accused were enlarged on bail by High Court - Held: Grant of order for police remand should be an exception and not a rule and for that investigating agency is required to make out a strong case and must satisfy the Magistrate that without police custody it would be impossible for police authorities to undertake further investigation - Order permitting police remand cannot be treated lightly or casually and strict adherence to the statutory provision is mandatory. s. 167 r/w s. 57 - Police remand - Held: In the instant case, the order for police remand of appellants cannot be sustained for: (i) courts below have overlooked the fact that complainant had entered into a compromise with the alleged accused/appellant in the civil suit and had withdrawn the complaint which was later revived at the instance of a third party who had nothing to do with the complaint and (ii) High Court had granted bail to appellants which clearly had a bearing on the plea seeking police remand - Disclosure of reasons by magistrate allowing police remand specially in a matter when accused has been enlarged on bail by High Court is all the more essential - Constitution of India, 1950 -Art. 21. s. 167 - Police remand after accused had been granted,bail by High Court - Procedure - Held: Correct course for investigating authorities should have been to approach the High Court as power of Magistrate to grant police remand after the accused has been granted bail by the High Court, would cease to exist - Therefore, High Court as also Judicial Magistrate were not legally justified in permitting police remand of appellants even for three days in the wake of the existing facts and features of the matter - Impugned order passed by High Court as also that passed by Judicial Magistrate, permitting police remand of the appellants are set aside-Practice and Procedure. s. 57 r/w s. 167 CrPC and Art. 22(2) - Detention of a person by police and period of remand in police custody - Discussed - Constitution of India, 1950 - Arts. 21 and 22(2). |
Judge | Hon'ble Ms. Justice Gyan Sudha Misra |
Neutral Citation | 2012 INSC 291 |
Petitioner | Satyajit Ballulbhai Desai & Ors. |
Respondent | State Of Gujarat |
SCR | [2013] 5 S.C.R. 1 |
Judgement Date | 2012-07-20 |
Case Number | 1158 |
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