Regarding judicial remand


Hi experts ,

 

I have a query regarding the timings taken in to consideration  for judicial remand .

Details as follows.

A police officer, Sub-Inspector of police was arrested  on 22-03-2013 in a criminal case  with  sections 406 and 506 and , he was produced before magistrate on 23-03-2013  , The magistrate gave orders for sending him to  Judicial remand on 23-03-2013 around 01:30 P.M and he was released on bail on 26-03-2013 at 10A.M , where as bail orders were dated on 25-03-2013 at 5:40 P.M (  which is more than 48 hours)

But as per the jail records the  timings were mentioned as  ( which is less than 48 hours)

Entry into jail  on 23-03-2013 at 06:00 P.M

Exit from jail  25-03-2013 at 5:40 P.M

 

Now the query is how is it counted the for  time he was in remand ,

1). Is it taken in to considerations of the timings mentioned on the order Papers given by magistrate

 Or

2). The timings mentioned in the jail records book.

 

 

 Thanks in Advance

 
Reply   
 
student

give details about the bond amount, when it was furnished and sureties..

 
Reply   
 


Advocate/ nadeemqureshi1@gmail.com

your query is nor clear, state detail facts with specific query

 
Reply   
 
BDE

Need Free On-call Legal Advice. Just give a missed call on 08010201301(toll free) or visit http://www.seekadvice.in/get-info.php

 
Reply   
 

The person who was arrested is a Police Officer ( Sub-Inspector ) , now when a police officer is kept in jail for more than 48 hours he may probably suspended .

 

As per the timings of orders, he is in jail for more than 48 hours and as per timing mentioned in jail he is for less than 48 hours

 

 

Now when it comes to his suspension whether the timing of the court order are taken into consideration or the timings of entry and exit and exit .

 
Reply   
 
Dy Director

48 hours is deemed suspension.  it means he is not entitled to attend duty an take full salary unless there is revocation order.

 

nothing stops the department from suspension even if the custody was less than 48 hours particularly  in a matter of CAW

 
Reply   
 
Dy Director

He was arrest on 22 and released on 26.

 

what is the doubt of completion of 48 hours.

 

custody doe snot start from Jail rather starts from lockup in thana.

 

You can make a case of wrongful confinement on jail officials if facts do indicate the saem  facts you have not stated clearly.

 
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