accused surrendered

advocate

sirs,

if accused is surrendered in the court by filing 70(2) application under criminal procedure code, can he be remanded to custody??

i think when accused voluntarily surrenders court cant remand him to custody.

pls give me any decisions in this reg.

thanks.

 
Reply   
 
Advocate

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.

 
Reply   
 


advocate

thank u very much sir.

 
Reply   
 
LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA

Thanx Mr. Assumi for such valueable judgements.

 
Reply   
 
advocate / commissioner of oaths

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.

 
Reply   
 
advocate

rajmohamed sir,


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.


thanks a lot for ur reply sir.

 
Reply   
 
Advocate

Dear Manu Our Assumi is correct.

 
Reply   
 
LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA

I endorsethe views of Mr. Manu also,.

 
Reply   
 
advocate / commissioner of oaths

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.

 
Reply   
 

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.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Forensics & Evidence     |    x