If accused voluntarily apperas before the magistrate and submits to his jusrisdiction,the magistrate can forward him to police custody or judicial custody and also the Magistrate has full discreation under section 437 to grant bail to the accused: See 1983 Cr LJ 1212 (Orissa) See also 1980 CrLJ 426 decided by the Supreme Court.
There is no provision that, when an accused surrenders the court cannot remand him. It is a wrong opinion.
When a person surrenders before the court it is the boundened buty of the court ot accept his surrender and pass a remand order first. If a petition under section 70(2)Cr.P.C. is filed along with the surrender petition the court has to receive a bail application for rescinding the remand order and pass an order on the application for warrant recall and release the accused. This is the actual procedure under criminal procedure code,1973.
u mean to say even if the 70(2) applicatiopn is filed on surrendering the accused it is the discretion of the court either to remand him or to release him on bail???
is there no restriction under law for this absolute discretion given to the judges???
the very purpose of surrendering before the court is to avoid the police ill treatment. then upon that if court is pleased to remand him to the custody the very purpose of surrender concept is defeated.
I mean to say is when a person files a petiton unde section 70(2) Cr,P.C. he will file it along with a petition to surrender . First the court has to pass orders on the surrender petition by remanding him to judicial custody then he can pass orders on the warrant recall petition to cancel the warrant.
There is no provision in law that when the accused surrenders voluntarily he cannot be remanded. It is a wrong opinion.
There is no surrender provsion in Crpc , but it is habitual in legal practice that application Draft for surrender to move daily. That once the any type Bail application file then the accuseds automatically get surrender his rights before Magistrate Court and Court may take action on first any custody to grant then hear his pending Bail application to consider on what legal grounds he/she wants to get bail Out or not.