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    Remand Yaadi1

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    Bodhi Ram
    1) A remand application must specify substantial and compelling steps of investigation that require police custody, such as identifying accomplices, locating hideouts, or discovering stolen property. 2) It must be shown that material progress in definite lines of investigation will be obstructed without police custody. 3) Where investigation has continued for some time or the accused was arrested after the first remand, direct evidence of the accused's connection to the crime is necessary to justify further remand.

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    Remand Yaadi1

    Uploaded by

    Bodhi Ram
    70 views2 pages
    1) A remand application must specify substantial and compelling steps of investigation that require police custody, such as identifying accomplices, locating hideouts, or discovering stolen property. 2) It must be shown that material progress in definite lines of investigation will be obstructed without police custody. 3) Where investigation has continued for some time or the accused was arrested after the first remand, direct evidence of the accused's connection to the crime is necessary to justify further remand.

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    how to process police remands

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    1) A remand application must specify substantial and compelling steps of investigation that require police custody, such as identifying accomplices, locating hideouts, or discovering stolen property. 2) It must be shown that material progress in definite lines of investigation will be obstructed without police custody. 3) Where investigation has continued for some time or the accused was arrested after the first remand, direct evidence of the accused's connection to the crime is necessary to justify further remand.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    70 views2 pages

    Remand Yaadi1

    Uploaded by

    Bodhi Ram
    1) A remand application must specify substantial and compelling steps of investigation that require police custody, such as identifying accomplices, locating hideouts, or discovering stolen property. 2) It must be shown that material progress in definite lines of investigation will be obstructed without police custody. 3) Where investigation has continued for some time or the accused was arrested after the first remand, direct evidence of the accused's connection to the crime is necessary to justify further remand.

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    HOW TO DRAFT REMAND YAADI

    INGREDIENTS
    Remember the court is not bound to make an order of remand, nor it is bound
    to release the accused. The discretion to make a suitable order is to be exercised
    judicially keeping in view all the facts and circumstances of the case such as.
    Nature of charge
    The gravity of offence.
    The area of investigation
    The antecedents of the accused.
    It will be the duty of the I.O. to show that not only there are reasonable
    grounds to believe that the accused is concerned in the non-bailable offence but that
    his custody is imperative in the interest of the investigation. Thus remand application
    must specify:
    (a) Substantial and compelling steps of investigation to be undertaken.
    And
    (b) It must be show n that but for Police Custody, Material progress of
    investigation into definite lines is likely to be obstructed.
    Pointing out of identification of accomplices, locating hideout, eliciting over
    acts of conspiracy discovering stolen or concealed property, weapon of offence etc.,
    are cogent ground worth depicting with factual details. Vague or fanciful assertion
    will be of no avail, e.g. ball can be denied because house is to be searched.
    (AIR 1978 SC 1016; 1978 Cr.L.J.774)
    Where investigation has continued for sometime before arrest of the
    accused or where the accused is brought up after the first remand, some direct
    evidence of the connection of the accused with the crime is necessary to
    justify a further remand Police or jail.
    (1966 CR.L.J.1241, AIR 1966 mad 848 1964 Cr.L.J.1090 ALL)
    It is obligatory upon the I.O to adduce material to show that
    MATERIAL PROGRESS has been made in the matter of collection of
    evidence.
    Point out if accused was to disclose certain place of occurrence, not
    known to the police or otherwise to assist the case.
    That some property was to be recovered at the instance of accused
    regarding that a statement has already been made.
    Any other good ground or special reasons keeping in view the facts of
    the case.
    Remember:
    1. When accused is arrested u/s 41 of the Cr.P.C. there is no justification for
    remand i.e. sec. 167 Cr.P.C. is not applicable at all. But if a case has already
    been registered, then remand may be justified.

    2. When remand is refused-remedy:


    Revision lies in such case u/s 397 Cr.P.C. session judge has the power of
    revision.
    3. If an accused is a convict in some other offence, then PCR cannot be obtained.
    The only recourse is to Sec. 432 Cr. P.C. i.e. sentence should be got suspended
    temporarily u/s 432 Cr.P.C.
    4. If an accused is under judicial custody in some other offence, accused must be
    got transferred u/s 47 Cr. P. C. from the concerned magistrate for arrest in the
    other (second) offence.
    5. C. Ds to be send along with the remand application.
    The failure to send CDs results in presumption adverse to the prosecution and may
    prove fatal to the case. It apparently shows that the police has not written CDs for
    want of evidence or was trying to collect false evidence or that the entries in the
    police diaries had not come into existence by that time. So police officer must be very
    cautious in the respect.

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