Absconding accused
Krishna
(Querist) 18 April 2012
This query is : Resolved
In a case absconding charge is filed against accused No. 1 who is absconding from the crime stage. The other accuseds appeared. The trial is progressing.
Now it was brought to the notice of Court that the absconding accused is in jail in connection with some other case.
What is the procedure to be adopted here against this Accused ?
1) Issue of a production warrant
(if P/w is issued there is a chance for the accused to get away upon obtaining bail from the other court which has remanded him, since accused is not to be retained by jail based on mere p/w.)
2) Police approaching the other Court which remanded the accused in connection with their case, and obtain permission for formal arrest.
(after filing charge sheet police has no role. So how can they approach the other court for formal arrest)
Based on the above 2 methods Which is the correct way to have the accused remanded in the existing case? Or is there any other methods?
Please advice.
Shonee Kapoor
(Expert) 18 April 2012
Production Warrants.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
bhupendra
(Expert) 18 April 2012
Police has to obtain permission from the remanded court.
then after police has to produce before the competent court.
then investigate the crime & then after can file supplementary charge sheet.
Grant or Refusal of Bail is judicial discretion
Adv.B.P.Chavan
9860073404
9028636063
venkatesh Rao
(Expert) 18 April 2012
First, the police have to give details about his detention in some prison.
Secondly, the court on receipt of information, shall issue a warrant to the prison authorities, normally called body warrant requiring to produce the accused who is in their detention.
Thirdly, on production thereof, the magistrate ought to take him to his judicial custody.
The accused may then seek for bail, which the magistrate may decide. If the bail is granted in the case, a note in the body warrant will be made not to produce him anymore in that case.
If the bail is rejected, then, a warrant of detention will be issued authorising the prison authorities to keep under remand in that case and the prison authorities will go on producing on the dates mentioned in the warrant.
