Police remand
Abhishek Bhagotia
(Querist) 31 May 2012
This query is : Resolved
Dear experts, what can be done in cases where in ,
1. A person for whom remand was given by court for 7 days , subsequently got admitted in hospital for 24 days and manages to skip the maximum remand time laid out in crpc 167 i.e. 15 days.
2. In these cases the maximum remand time is first 15 days or 15 days as a whole which can be continued when this earlier hospitalised person returns back.
3. On return can he be again send to police remand or only to JC. Please advice. If there is any case law then plz gv citation.
Adv.R.P.Chugh
(Expert) 31 May 2012
Though I can't recollect any citations at this point of time, I am of the firm view, that such period should not be counted towards first 15 days for the reason that :-
a) It may allow accused persons to circumvent and avert remand by feigning illness, or even self inflicting;
b) Investigational Needs would remain unsatisfied.
Shonee Kapoor
(Expert) 31 May 2012
The remand can further be extended as the accused was in hospital and could not be interrogated.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
