Whether period of remand be set off

N.Ramakrishnan (Querist) 07 October 2009 This query is : Resolved
Dear All,

An absconding accused wanted by 2 agencies against whom NBW's were pending was arrested by one agency and remanded to judicial custody. The second agency files an application for issuance of PT warrant for production of the accused in their case and the PT warrant is issued by the magistrate after directing the agency to return the un executed NBW.

When accused is produced on PT warrant for the hearing, the magistrate remands him to judicial custody in that case and the remand is periodically extended. Later magistrate grants bail to the accused in the 2nd bail application which was heavily contested by the prosecution.

The prosecution moves the High Court for cancellation of bail and obtains stay of the bail order. Subsequently the accused gets bail in the other case and moves the high court for dismissal of the petition filed by prosecution. In the course of arguments the prosecution takes a stand for the first time that since they have never arrested the accused at any point of time, grant of bail to the accused by the magistrate is wrong. The High Court holds that since accused was not arrested in this case no bail is necessary and he is released.

The magistrate has been periodically remanding the accused to custody. The bail applications were contested by the prosecution on merits upto the HC and the argument of not arresting was taken for the 1st time during the arguments. The question is whether the accused is entitled to seek set off the period of remand by the magistrate in the final sentence.

Please give me a considered opinion.

Thanks,

N.Ramakrishnan, ADV

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