How to know the exact time spended in jail
baluu jii
(Querist) 10 June 2020
This query is : Resolved
how accuse will know how much time ( the exact ) time he has spended in jail
he is in govt. duty & he did not disclose this in his office
आरोपी को या तो 48 घंटे हुए या नहीं हुए होंगे टाइम सही तरह देखा नहीं
अगर पता चल जाये की 48 घंटे पूरे नहीं हुए तो भविष्य में विभाग को पता लगने पर विभाग की कार्यवाही का खतरा नहीं रहेगा इसलिए जानना चाहते है। केस का फैसला तो आरोपी के फेवर में ही होगा कम्प्लेनेन्ट ने वादा किया हे
48 hours of police arresting or 48 hours in jail is safe ? for not adverse effect on another govt. duty in future .
may he go to central jail & ask for entering time & exit time ?
& can a person enter in jail to know this ?
he is on bail now
P. Venu
(Expert) 11 June 2020
Were you produced before a Magistrate and further remand taken? If not, you could not have been in custody for more than 24 hours. Please see Fundamental Right under Article 22 of the Constitution:
Article 22 in The Constitution Of India 1949
22. Protection against arrest and detention in certain cases
(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice
(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate
baluu jii
(Querist) 11 June 2020
police kept accuse in aparajita center at night after FIR at 8 :30 pm & on NEXT DAY 10 am police came & took her in thana .
on that day 12:40 pm ( this arresting time mention in FIR ) & got magistrate to 4:45 pm & then jail about 48 or before 48 do not recall exactly & then got bail
P. Venu
(Expert) 11 June 2020
Prima facie, you are not the accused. The accused would be in the know of things.
baluu jii
(Querist) 11 June 2020
शाम को अँधेरे के समय जेल में छोड़ दिया इसके अगले दिन शाम को 24 घंटे पूरे हुए
फिर इसके अगले दिन शाम को ही जमानत पे छोड़ दिया जेल में बैरेक में घडी नहीं थी तो टाइम पता नहीं चला और उस वक्त टेंशन भी थी
जेल से बाहर निकलना ही एकमात्र उद्देश्य दिल दिमाग में था इसलिए टाइम पे ध्यान नहीं दिया
अब तो बता दीजिये कैसे पता करू ?
Raj Kumar Makkad
(Expert) 11 June 2020
It is not important whether exact 48 hours were spent or not. Question is date when and time of arrest shown and the date of the order of the release on bail by court. If the same was on the very next day of shown arrest or even if one more night stood added, nothing goes adverse to you.
baluu jii
(Querist) 11 June 2020
date was 28 of month when arrested & time was 12:40 pm ( date &time of arresting written on FIR ) & in evening of 28 at about 4:55 pm magistrate wrote J.C. for 14days
on next day 29 of month bail rejected by magistrate who had ordered for J C
then upper court gave bail on 30 of month at evening of 30 jailer released accuse
this is the fact
now what will happen ? any adverse effect or not ? ( in future )
baluu jii
(Querist) 11 June 2020
THANK YOU RAJ KUMAR MAKKAD SIR
Dr J C Vashista
(Expert) 12 June 2020
The arresting officer shall enter the date, place and time of arrest in the register maintained in the police station as well as arrest memo and shall be produced before Magistrate within 24 hours of arrest.
Sudhir Kumar, Advocate
(Expert) 13 June 2020
given facts indicate that the custody (lawful/unlawful ) was beyond 48 hours. Arrested in 28th A/N and released on 30 night.
The person is "deemed suspended" and he is not entitled to join duty and draw full salary unless suspension is revoked.
Sudhir Kumar, Advocate
(Expert) 13 June 2020
जिस भी केस में गिरफ़्तारी हुई थी उसका फैसला भले ही उसके पक्ष में हो परन्तु विभाग को गिरफ़्तारी / जमानत की सूचना न देकर विभागीय misconduct तो कर ही चूका है | उसपर कार्यवाही रिटायरमेंट तक कभी भी हो सकती है |
Sudhir Kumar, Advocate
(Expert) 13 June 2020
earlier thread
https://www.lawyersclubindia.com/experts/suspended-person-is-eligible-for-government-service-or-not--719001.asp
P. Venu
(Expert) 13 June 2020
It is impossible that a public servant could be under "deemed suspension" unless the competent authority has issued order to that effect. How could the suspension be revoked unless no orders placing the public servant under suspension has been issued. Please Rule 10 of CCS(CCA) Rules:
10. Suspension
(1) The appointing authority or any authority to which it is subordinate or the disciplinary authority or any other authority empowered in that behalf by the President, by general or special order, may place a Government servant under suspension-
(a) where a disciplinary proceeding against him is contemplated or is pending; or
(aa) where, in the opinion of the authority aforesaid, he has engaged himself in activities prejudicial to the interest of the security of the State; or
(b) where a case against him in respect of any criminal offence is under investigation, inquiry or trial:
Provided that, except in case of an order of suspension made by the Comptroller and Auditor - General in regard to a member of the Indian Audit and Accounts Service and in regard to an Assistant Accountant General or equivalent (other than a regular member of the Indian Audit and Accounts Service), where the order of suspension is made by an authority lower than the appointing authority, such authority shall forthwith report to the appointing authority the circumstances in which the order was made.
(2) A Government servant shall be deemed to have been placed under suspension by an order of appointing authority -
(a) with effect from the date of his detention, if he is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty-eight hours;
(b) with effect from the date of his conviction, if, in the event of a conviction for an offence, he is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction.
EXPLANATION - The period of forty-eight hours referred to in clause (b) of this sub-rule shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent periods of imprisonment, if any, shall be taken into account.
(3) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Government servant under suspension is set aside in appeal or on review under these rules and the case is remitted for further inquiry or action or with any other directions, the order of his suspension shall be deemed to have continued in force on and from the date of the original order of dismissal, removal or compulsory retirement and shall remain in force until further orders.
(4) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Government servant is set aside or declared or rendered void in consequence of or by a decision of a Court of Law and the disciplinary authority, on a consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the Government servant shall be deemed to have been placed under suspension by the Appointing Authority from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders :
Provided that no such further inquiry shall be ordered unless it is intended to meet a situation where the Court has passed an order purely on technical grounds without going into the merits of the case.
(5)(a) Subject to the provisions contained in sub-rule (7), an order of suspension made or deemed to have been made under this rule shall continue to remain in force until it is modified or revoked by the authority competent to do so.”
(b) Where a Government servant is suspended or is deemed to have been suspended (whether in connection with any disciplinary proceeding or otherwise), and any other disciplinary proceeding is commenced against him during the continuance of that suspension, the authority competent to place him under suspension may, for reasons to be recorded by him in writing, direct that the Government servant shall continue to be under suspension until the termination of all or any of such proceedings.
(c) An order of suspension made or deemed to have been made under this rule may at any time be modified or revoked by the authority which made or is deemed to have made the order or by any authority to which that authority is subordinate.
(6) An order of suspension made or deemed to have been made under this rule shall be reviewed by the authority competent to modify or revoke the suspension, before expiry of ninety days from the effective date of suspension, on the recommendation of the Review Committee constituted for the purpose and pass orders either extending or revoking the suspension. Subsequent reviews shall be made before expiry of the extended period of suspension. Extension of suspension shall not be for a period exceeding one hundred and eighty days at a time.
(7) An order of suspension made or deemed to have been made under sub-rules (1) or (2) of this rule shall not be valid after a period of ninety days unless it is extended after review, for a further period before the expiry of ninety days :
Provided that no such review of suspension shall be necessary in the case of deemed suspension under sub-rule (2), if the Government servant continues to be under suspension at the time of completion of ninety days of suspension and the ninety days period in such case will count from the date the Government servant detained in custody is released from detention or the date on which the fact of his release from detention is intimated to his appointing authority, whichever is later.
The expression "deemed" cannot but be with reference to the date of effect of suspension and not the act of placing the Government servant under suspension. Generally, suspension would be effective from date on which the Order is served upon the Government servant, but in a case of "deemed" suspension the order takes effect from the date of detention etc. irrespective of the date of the issue of the order or the date on which the Government servant is served the Order.
Raj Kumar Makkad
(Expert) 13 June 2020
Why to repeat the same query again and again before the same experts?
Rajendra K Goyal
(Expert) 13 June 2020
To know the time use RTI avenue.
Send RTI to public Information Officer of the Jail to know the time spent in the jail.
Sudhir Kumar, Advocate
(Expert) 14 June 2020
मुफ़्त के चन्दन
घिस मेरे नंदन
लंबा तिलक लगा बाबा
पैसा कोई मांगे तो आगे आगे जा बाबा
