Criminal law

India: Police Remand After Filing Of Charge Sheet – Yes Or No

In the above case, on finishing touch of research, the CBI submitted a charge sheet towards 21 accused, including the arrested ones and the absconders. It turned into mentioned in the charge sheet that similarly research of the case becomes stored open for a series of further proof and the arrest of the absconders. It also stated that further accumulated proof in the course of investigation might be forwarded by submitting a supplementary charge sheet.

The Respondents in this situation were declared proclaimed offenders. Meanwhile, the trial proceeded. Some proclaimed offenders the case had been subsequently arrested after submitting the fee sheets. CBI wanted remand of these apprehended proclaimed offenders, but ACJM refused the request of CBI for remand of the accused persons. The High Court also refused to provide remand to CBI of those accused folks. The proviso to Sub-section (2) of Section 167 Code of Criminal Procedure, which empowers a Magistrate to authorize the detention of an accused within the custody of the police, reads as beneath:
Provided that,-

(A) The Magistrate may additionally authorize the detention of the accused person, otherwise than inside the custody of the police, beyond the length of fifteen days, if he’s glad that adequate grounds exist for doing so; however, no Magistrate shall authorize the detention of the accused person in custody below this paragraph for a total length exceeding,-

(i) Ninety days, wherein the research relates to an offense punishable with death, imprisonment for existence or imprisonment for a time period of not less than ten years;

(ii) Sixty days, where the research relates to another offense, and, at the expiry of the said period of ninety days, or sixty days, as the case can be, the accused man or woman shall be launched on bail if he is ready to and does provide bail. All and sundry released on bail beneath this Sub-phase shall be deemed to be so launched under the provisions of Chapter XXXIII for the functions of that Chapter.


Sub-section (8) of Section 173, under which investigating agency has the electricity to similarly investigate the problem wherein the file/rate sheet has already been filed, is reproduced hereunder: (8) Nothing on this segment shall be deemed to prevent investigation similarly in admire of an offense after a document Under Sub-phase (2) has been forwarded to the Magistrate and, wherein upon such investigation, the officer in the price of the police station obtains evidence, oral or documentary similarly, he shall ahead to the Magistrate an in addition document or reports regarding such proof in shape prescribed; and the provisions of Sub-sections (2) to (6) shall, as a long way as can be, observe in terms of such record or reports as they observe with regards to a report forwarded Under Sub-section (2).

The relevant provision of Sub-section (2) of Section 309 Code of Criminal Procedure, empowering remand of an accused, affords as underneath:

(2) If the Court after taking awareness of an offense, or graduation of trial, unearths it essential or beneficial to delay the commencement of, or adjourn, any inquiry or trial, it could, from time to time, for motives to be recorded, put off or adjourn the identical on such phrases because it thinks suit, for such time because it considers affordable, and may using a warrant remand the accused if in custody:

Explanation 1.-If enough evidence has been received to elevate a suspicion that the accused can also have committed an offense, and it seems possible that similar evidence can be obtained using a remand, that is a reasonable purpose for a remand. In-State thru CBI v. Dawood Ibrahim Kaskar and Ors. (2000) 10 SCC 438, a three decide bench of the Supreme Court has laid down the regulation on the issue regarding grant of police custody of a person arrested at some stage in addition research. In paragraph 11 of the said case, the Supreme Court has held as follows:

“11. There can’t be any way of doubt that the demand and the custody referred to inside the first proviso to the above Sub-phase are special from detention in custody Under Section 167. While remand below the previous relates to a degree after attention and can only be to judicial custody, detention beneath the latter relates to the level of investigation and can initially be both in police custody or judicial custody. Since, but, even after consciousness is taken of an offense, the police have the energy to analyze into it further, which may be exercised most effective according to with Chapter XII, we see no purpose whatsoever why the provisions of Section 167 thereof would now not follow to someone who comes to be later arrested through the police in the direction of such research.

If Section 309(2) is to be interpreted–as has been interpreted by using the Bombay High Court in Mohd. Ahmed Yasin Mansuri v. State of Maharashtra MANU/MH/0130/1994: 1994 Cri.LJ 1854 (Bom),–to mean that once the Court takes awareness of an offense, it can’t work out its electricity of detention in police custody Under Section 167 of the Code, the Investigating Agency could be deprived of an opportunity to interrogate a person arrested for the duration of in addition investigation, even though it may on the production of sufficient materials, persuade the Court that his detention in its (police) custody become essential for that motive.

We are, consequently, of the opinion that the words “accused if in custody” performing in Section 309(2) refer and relate to an accused who become before the Court when consciousness was taken or whilst inquiry or trial turned into being held in recognition of him and now not to an accused who is in the end arrested in route of similarly investigation.

So away as the accused within the first class is concerned, he may be remanded to judicial custody most effective given Section 309(2). However, he who comes below the second category will be governed with Section 167 so long as in addition research maintains. That necessary manner that in admire of the latter the Court which had taken awareness of the offense may additionally exercise its electricity to detain him in police custody challenges to the fulfillment of the necessities and the obstacle of Section 167.”

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