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Documents citing Shashibala Sharma, Trustee And ... vs State Of Gujarat on 3 May, 2004

Abdulhalim vs State on 8 August, 2008

Placing reliance on the order passed by the learned Magistrate, the learned Advocate further submitted that the application was partly allowed and the remand of 14 days was granted by the learned Magistrate. Considering the aforesaid aspect, the learned Magistrate ought not to have granted remand of 14 days since the application preferred by the Investigating Officer was partly allowed and, therefore, it is a fit case to modify the order passed by the learned Magistrate. In the alternative, the learned Advocate submitted that since the petitioner is in police custody for a period of 11 days, the petition deserves to be allowed to the aforesaid extent and the petitioner requires to be released forthwith. The learned Advocate has placed reliance on the decisions in Jairajsinh Temubha Jadeja Vs. State of Gujarat, 2002 (1) GLR 215 and Shashibala Sharma, Trustee & Principal Vs. State of Gujarat, 2004 (2) GLR 1393 in support of the submissions that remand cannot be granted in a mechanical manner and reasons are required to be assigned for granting remand to the extent of 14 days. Thus, the learned Advocate submitted that considering the ratio laid down by our High Court, it is a fit case to set aside the order of remand passed by the learned Magistrate.
Gujarat High Court Cites 6 - Cited by 0 - H B Antani - Full Document
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