REMAND, PHYSICAL REMAND, JUDICIAL REMAND & TRANSITORY REMAND SEC. 167 Cr.P.C. जेल वापसी 2022

A JOURNEY OF THOUSAND MILES BEGINS WITH A SINGL STEP.REMAND Relevant Laws. Section 167 Cr.P.C. Part B of Lahore High Court, Lahore, Rules & Orders, volume III (Rule 8 & Rule 9)nChapter XXV of Police Rules, 1934 Section 344 of Cr.P.C What is remand?Authorization of detention of accused after 24-hours in criminal case.Purpose of Remand.Investigation is process of collection of evidence.Authorization of custody for these purpose.To bring on record the complete picture.Kinds of Remand
Physical Remand Judicial Remand Transitory RemandPhysical Remand Bailable Offences Non-bailable offences
No remand in absentia. No remand in absence of accused.Moot Points/yardstick when physical remand will be granted:-Liberty of all citizens is most vigilent right that is recognized asfundamental right in Article 9 of Constitution of Islamic Republic of Pakistanas well as in in all other civilized world as fundamental right, so the remand cannot be granted in a mechanical way.Magistrate has to act intelligently and has to pass the order with reasons and caution.Must be speaking order.
Magistrate has to satisfy himself that physical custody of accused required for completion of investigation etc.No remand on whims and wishes of police or complainant.Grounds for believing that accusation or information is well founded.Investigation could not be completed within 24 hours.Recovery is yet to be affected.For example in offences under section 379, recovery of stolen property.In offence u/s 420/468/471, recovery of forged documents.In offence u/s 376 etc.DNA test, polygraphic test in other or etc.
Maximum Duration of physical remand15-days (First day of produced by police is excluded) So, 14-days in short intervals.Who can seek remand?In-charge of police Station.Investigation Officer of the case.
The police officer not below the rank of Sub Inspector, if not Investigation Officeralongwith all zimini while applying for remand.Transmission of copy of Remand Granting order:-Copy of remand granting order must be sent to Sessions Judge, concerned. Reason behind that to check the police as well as Magistrate Judicial RemandSection 344 of Cr.P.C.Adjournment for Magisterial Courts.Not beyond 15 days, whereas, no such limit for Sessions Courts.Transitory Remand.Accused is arrested beyond the territorial jurisdiction of Court. In short, when production of accused is not possible within stipulated time in the Court of concerned Magistrate.Duration of Transitory Remand Whether the period of transitory remand is included from physical remand. for CSS STUDENT IN LAW FIELD.
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