Refusal of bail as order of Remand exist.

N.K.Assumi (Querist) 12 March 2009 This query is : Resolved
Is there any provisions in the CrPc, that Bail can not be given during the existence of Magisterial Remand? Any citation of the Aopex court in this regard?

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adv. rajeev ( rajoo ) (Expert) 12 March 2009
No there is no provisions in the cr.p.c. that bail can be rejected during the existence of magisterial remand. Bail can be rejected based on the nature of the offences

sanjeev murthy desai (Expert) 12 March 2009
Rightly opnioned by Mr. Rajeev

M. PIRAVI PERUMAL (Expert) 12 March 2009
I agree with Mr. Rajeev.

N.K.Assumi (Querist) 12 March 2009
THANK YOU ALL OF YOU FOR THE CLARIFICATION.

PALNITKAR V.V. (Expert) 12 March 2009
In fact if an accused is in judicial custody he as of right can file bail application. If he is in police custody then his bail application may not be considered as of right during police custody.

N.K.Assumi (Querist) 12 March 2009
Dear Palnitkarji,
Do you mean to say that Chapter XII of the CrPc controls chapter XXXIII of the CrPc?

A. A. JOSE (Expert) 13 March 2009
I endorse views of Mr.Rajeev and Mr.Palnitkar. However, it appears that Mr.Assumi has a strong view regarding control of Chapter XXXIII by Chapter XII of Cr PC and as such this issue needs further deliberation by other experts please.

Guest (Expert) 15 March 2009
During Police remand Bail application is not considered- but Bail can be applied while Accused is in Judicial custody.

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