Ignore Bail Petition and issue remand order to the Police.
N.K.Assumi
(Querist) 12 March 2009
This query is : Resolved
If a bail petition is filed in the Magistrate Court and the Magistrate inspite of hearing the bail Petition on merit issued Police remand, doe the remand order amounts to refusal of bail petition?
Tribhuwan Pandey
(Expert) 12 March 2009
There should be specific order either bail granted or rejected. If not, it means bail application is pending.
N.K.Assumi
(Querist) 12 March 2009
This is a grey area, and would like more participations. But, certainly, Pandeyji,thank you for your feedback.
N.K.Assumi
(Querist) 12 March 2009
Dear Piraviji,
While considering bail petition, should the Court be control by the Police instructions for remand etc?
N.K.Assumi
(Querist) 12 March 2009
Is judicial custody means within the domain of Court; and Police custody means within the domain of Police? where the Court is helpless and entirely within the domain of Police controlling the Court?
PALNITKAR V.V.
(Expert) 12 March 2009
The law is that police custody should not be granted lightly unless there are good grounds for it. Normally, when a person is order to be kept in police custody, his bail application is kept either pending or is rejected. The court is not bound by the instructions of police. The court is bound by the law.
N.K.Assumi
(Querist) 12 March 2009
If the Court is bound by the Law, does Chapter XII controls Chapter XXXIII of the CrPc?
PALNITKAR V.V.
(Expert) 12 March 2009
I have already given my view about the control of chapters.
N.K.Assumi
(Querist) 13 March 2009
Dear learned friends,
Can Magistrate go on remanding the accused to custody, despite the fact that bail petition had been filed before him and not heard by him.I am of the view that, if the magistrate goes on remanding the accused without hearing the bail petition on merit it amounts to rejection of bail. Because pending bail petition the accused can not moved the higher Court.And if we interprate otherwise then magistrate can play delay tactics and not only that the right of the accused to move the higher courts would be stalled. Kindly share your views on this.
A. A. JOSE
(Expert) 13 March 2009
I am also of the opinion that so far the bail petition is kept pending and the accused is remanded to police custody, it amounts to nothing but rejection of bail till the bail petition in question is finally decided either way.
Hiralal Das
(Expert) 07 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.
