Judgment

Prafulla C. Pant, J.

A common question of law is involved in these three appeals as to whether no remand in police custody can be given to the investigating agency in respect of the absconding accused who is arrested only after filing of the charge sheet.

2. We have heard learned counsel for the parties and perused the papers on record.

3. The instant case from which these appeals have arisen, relates to killing of nine persons and injuring large number of villagers of Village Netai of District Paschim Medinipore in West Bengal. It is alleged that the respondents in the present appeals and other accused, on 07.01.2011, after forming an unlawful assembly in the rooftop of respondent No. 1, Rathin Dandapat, committed the crime. First Information Report was lodged on the same day at Police Station Lalgarh in respect of offences punishable under Sections 148, 149, 326, 307, 302 of Indian Penal Code (IPC), and also in respect of offences punishable under Section 25/27 of Arms Act. The investigation of the case was initially done by regular police, but later transferred to Criminal Investigation Department (CID) of the State. Vide order dated 18.2.2011, passed by the High Court of J