Devender Kumar Vs. State of Haryana
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The Code of Criminal Procedure, 1973 - Section 167 (1) , Section 439 (2)
Cancellation of bail - Accused arrested in an offence under 498A Indian Penal Code and granted bail - During investigation accused made disclosure statement with regard to dowry articles - Bail of accused cancelled and accused remanded to Police Custody to effect the recovery - Order canceling the bail set aside - Held - 1. Recovery of dowry articles on basis of disclosure statement is not sufficient reason to cancel the bail. 2. No allegation that bail was misused.
The Code of Criminal Procedure, 1973 - Section 167 (1) , Section 439
Arrest of accused - Remand of accused to Police custody refused by Magistrate - Second application for Police remand is maintainable if made during the first 15 days period after arrest - Within the first 15 days of arrest the Magistrate may remand the accused either to judicial custody or police custody for a given number of days, but once the period of 15 days expires, the Magistrate cannot pass orders for police remand.
Topic(s)-Cancellation of Bail
Important Decision(s)-
- Arrest of accused - Application for Police remand is maintainable if made during the first 15 days period after arrest.
- Once the period of 15 days expires, the Magistrate cannot pass orders for police remand.