request for remand, the Magistrate cannot remand as
per law, and if any such remand is made, the same would be illegal. The learned
Judicial ... jail to the Court. According to the
learned Judge, the remand was illegal. In the referral order, the Hon'ble
MR.JUSTICE
request for remand, the Magistrate cannot remand as
per law, and if any such remand is made, the same would be illegal. The learned
Judicial ... jail to the Court. According to the
learned Judge, the remand was illegal. In the referral order, the Hon'ble
MR.JUSTICE
Magistrate
remanding arrested person to judicial custody-Further remand
when not made in presence of prisoner whether illegal.
HEADNOTE:
R was arrested on August ... order
151
of remand. Further, that in any case, as he was remanded
behind his back, his remand is illegal and he is entitled
remand order detaining the person in custody. After the original remand order expired, there was no fresh order of remand committing the prisoner to further ... remand order was passed by Registrar or other officer of the. Court. Hence, according to Mr. Bhatt, such remand orders are illegal
Court order sheets valid remand could be made out. Subsequent valid order of remand could not cure an illegal order of remand made earlier ... jurisdiction to remand them to judicial custody. Whether the order remanding to jail is legal or illegal is to be looked into by the next
issued.
Ors. :
(2022) 13 SCC To contend that if a remand was absolutely
542: illegal or that the remand was afflicted
Gautam
with the vice ... terms:
80. Thus, we would hold as follows: If the remand is
absolutely illegal or the remand is afflicted with the vice of
lack
remand or, to put it differently, whether there exist reasonable
grounds to commit the accused to custody and extend his remand.
The purpose of remand ... warrant for police
remand or justification for judicial remand or there is no need for
any remand at all. It is obligatory on the part
remand. A document
containing detailed objections to the grant of remand was
forwarded within an hour of the receipt of the remand application.
xvi. However ... intio and an illegal act at that and as such, the
said arrest ought to be declared as illegal and the petitioner be released
forthwith
writ of certiorari is prayed for quashing
and setting aside the illegal remand orders dated 22/05/2024,
and 5/06/2024, passed ... shown, being lack of
jurisdiction and an order of remand being absolutely illegal.
18] Opposing the said petition, Mr. Hiten Venegavkar, the Public
Prosecutor would
warrant for police remand or justification for judicial remand or there is no need for any remand at all. It is obligatory on the part ... observation was certainly made that a remand, without a specific order of remand, was invalid and illegal. With due respect, however, I am unable
