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2010 Supreme(SC) 406

ALTAMAS KABIR, CYRIAC JOSEPH
Devender Kumar – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
For the Appellants:Siddarth Luthra, Sr. Advocate, Aditya Chaudhary, Dharmendra Kumar Sinha, Advocates. For the Respondents:Manjit Singh, AAG, P.R. Agarwal, Pramod Dayal, Nikunj Dayal, Ajay K. Jain, Kamal Mohan Gupta, Advocates.

Judgement Key Points

Key Points: - The judgment holds that police remand can be granted within the first 15 days after arrest; beyond that period, police remand is not permissible. (!) - The High Court’s cancellation of bail and directing police remand based on disclosure statements and claimed necessity for custodial interrogation is not per se sufficient; such actions require careful consideration of bail cancellation standards. (!) - The Court restores the Magistrate’s bail order and sets aside the High Court’s order canceling bail and directing re-arrest. (!) - The decision discusses that even after a disclosure statement, further custodial interrogation may be warranted only if within the permissible remand period and with proper justification. (!) - The case references that a second application for police remand within the first 15 days is permissible; after expiry, remand cannot be ordered. (!) - The High Court’s intervention in bail and remand matters must align with established principles governing cancellation of bail and remand during initial remand period. (!)

What is the permissible scope and timing of police remand under Section 167 Cr.P.C. during the first 15 days after arrest?

What are the circumstances under which bail can be cancelled and police remand ordered in cases involving alleged dowry articles or disclosure statements?

What is the appropriate remedy or appellate effect when a High Court cancels bail and directs police custody contrary to established remand principles?


Judgment :

ALTAMAS KABIR, J.

1. Leave granted.

2. These Appeals arise out of the judgment and order passed by the Punjab & Haryana High Court on 19th March, 2010, in Crl.M. Nos.28847 and 28849 of 2008, allowing the application filed by the Station House Officer, Hodal Police Station, praying for police remand of the accused, Devender Kumar, for three days.

3. It appears that when the Appellant No.1, Devender Kumar, was produced before the Judicial Magistrate, Palwal on 8th October, 2008, in connection with case FIR No.333 dated 18th September, 2008, registered at Hodal Police Station, District Faridabad under Sections 498-A, 406, 506, 323 read with Section 34 IPC, an application was made for police remand by an officer of the rank of Assistant Sub-Inspector, which was rejected vide an order dated 8.10.2008, as the said application was contrary to the provisions of Section 167(1) Cr.P.C. which provide that an application for police remand can be made only by an officer not below the rank of Sub-Inspector. Accordingly, the Appellant No.1 was remanded to judicial custody and was directed to be produced on 22nd October, 2008. Subsequently, however, the position was rectified and as ind








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