AI Overview...
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Bail under PMLA - The applicant's bail was dismissed due to evidence of illicit fund management, with judicial observations emphasizing the special nature of economic offences and the need to proceed with trial unimpeded Amit Gupta, Son of Late Ramesh Chand vs Directorate of Enforcement, represented by Assistant Director (PMLA), Ranchi Zonal Office - Jharkhand.
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Transit Remand Legality - Transit remand issued by a Special Judge for CBI was upheld as legal and proper, allowing transfer of the accused to Vishakhapatnam; initial habeas corpus plea was rejected Pradip Mittal S/o. Kaushal Kishore Mittal VS Central Bureau of Investigations - Bombay.
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Constitutional and Procedural Validity - Courts have upheld the legality of transit remand orders, dismissing petitions alleging violations or irregularities, and clarifying that procedural lapses do not automatically invalidate remand orders Ram Bilash Sahu VS Union of India - Jharkhand.
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Remand under Cr.P.C. - Orders under Section 309(2) of Cr.P.C. are valid when properly exercised; courts have confirmed that remand orders not specifying certain sections are still lawful if made under the correct authority PRADEEP RAM VS STATE OF JHARKHAND - Supreme Court.
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Bail and Surrender in Jharkhand - The Supreme Court outlined that accused can be directed to surrender within a stipulated period and then apply for bail; bail granted by magistrates in Jharkhand was recognized, though some procedural lapses like non-furnishing bail bonds were noted State of Tripura Represented by its Home Secretary VS Anupam Paul, S/o Late Kalipada Paul - Tripura.
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Transit Remand and Arrest - Police officers obtained transit remand for accused involved in criminal activities; arrest and remand procedures were carried out in accordance with legal protocols, including cooperation with local police Rakesh Kumar VS State of Haryana - Punjab and Haryana.
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Remand Periods and Investigation - The maximum detention period during investigation is generally 60/90 days; courts have emphasized that further interrogation is permissible even after initial remand expiry, provided legal conditions are met PRADEEP MEHTA VS STATE - Delhi.
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Bail in False Cases - In cases involving false accusations, courts have recognized the potential harm of remand and stressed that bail should not be denied arbitrarily, especially where rights and reputation are at stake Ashok Sahani VS State of Bihar - Patna.
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Remand in Illegal Mining Case - The court highlighted that further police interrogation is allowed after initial remand; also, remand periods are subject to statutory limits, and proper judicial oversight is necessary Debidatta Sarangi, Assistant Director, Directorate of Enforcement, Government of India, Ranchi VS Sunil Yadav - Jharkhand.
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Evidence and Trial Discharges - Courts have found that failure to properly evaluate evidence can warrant remand or discharge; in some cases, accused were acquitted or discharged due to insufficient evidence or procedural lapses by lower courts State of Jharkhand vs Baleshwar Paswan, son of Manki Paswan - Jharkhand.
Analysis and Conclusion:
In Jharkhand, transit remand is generally upheld as legal when issued by competent courts, following proper procedures under Cr.P.C. The courts emphasize the importance of procedural compliance, especially regarding the issuance of transit remand and the exercise of remand powers under Sections 76, 80, and 309(2). Bail applications are often considered on the merits, with economic offences and cases involving procedural irregularities being carefully scrutinized. The legal framework allows police to seek remand within statutory limits, and courts have consistently upheld the legality of such orders, provided procedural safeguards are followed.
Search Results for "Bail during Transit Remand in Jharkhand"
2025 0 Supreme(Jhk) 1543 • India - IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD
(A) Prevention of Money Laundering Act, 2002 - Sections 3 and 4 - Grant of bail under PMLA - Applicant sought bail stating improper ... ... ... Result: Bail application dismissed, with directions to proceed with the trial unimpeded by judicial observations. ... statements of co-accused and witnesses establishing management of illicit funds; Special nature of economic offences considered; Bail ... Based upon the said application made for transit remand, the petitioner was allowed to ....
2017 0 Supreme(Bom) 2086 • India - Bombay
RANJIT MORE, SARANG V.KOTWAL
Consequently, the transit remand order passed by the Special Judge for CBI at Mumbai does not suffer from any illegality or impropriety ... The CBI i.e. respondent no.1 herein, sought transit remand of the petitioner from the CBI Special Judge at Greater Mumbai to enable them to produce the petitioner before the competent Court at Vishakhapatanam. ... Initially, it was filed for issuance of a writ of habeas corpus on the ground that the transit remand granted to the CBI for the custody....
2012 0 Supreme(Jhk) 998 • India - Jharkhand
R.K.MERATHIA, D.N.UPADHYAY
Issues: Violation of constitutional rights, procedural irregularities, and legality of the remand order. ... Final Decision: The court dismissed the Criminal Writ Petition, upholding the legality of the remand order and denying the ... non-compliance of certain sections of the Code of Criminal Procedure was deemed as irregularity, not sufficient to declare the remand ... No transit remand as required under section 80 read with section 76 Cr.P.C. was taken by the arresting officer. The petitioner was n....
2019 6 Supreme 577 • India - Supreme Court
ASHOK BHUSHAN, K.M.JOSEPH
order has to be treated as u/s 309(2) - No illegality in remand order. ... , investing agency prayed for production warrant - Appellant was produced in court when the court ordered the remand - No error - ... order not specifying section 167 of 309 of CrPC - he has power to remand u/s 309(2) - When the Court has power to pass a particular ... As held above, the special Judge could have only exercised power under Section 309(2), hence, the remand order dated 25.06.2018 has to be treated as remand order u....
2019 0 Supreme(Tri) 27 • India - Tripura
ARINDAM LODH
State of Jharkhand, 2019 SCC OnLine SC 825. ... State of Jharkhand, 2019 SCC OnLine SC 825, and highlighted the circumstances under which an accused can be directed to surrender ... , within a specified period, and apply for bail or be arrested and taken into custody. ... State of Jharkhand, 2019 SCC OnLine SC 825. ... The accused was granted bail in the said police case by the Metropolitan Magistrate, Tishazari Court, New Delhi, but no bail-bond was furnished and the accused was produ....
2015 0 Supreme(P&H) 2309 • India - Punjab and Haryana
JITENDRA CHAUHAN
The acquitted appellant was released from bail, while the convicted appellant's bail bonds were forfeited, and they were to be taken ... After taking help of local police Chander Bhan arrested both the accused from their house on 9.1.2003 and produced them before Duty Magistrate, Lucknow, who granted transit remand of both the accused for four days. ... ... PW 7-ASI Chander Bhan, stated that he along with other police officials went to Lucknow on 08.01.2003 and after associating with the local police, arrested the accus....
2006 0 Supreme(Del) 1657 • India - Delhi
R.S.SODHI, P.K.BHASIN
law under section 167 of Cr.P.C that maximum period of detention is 60/90 days during investigation — The court taken view that remand ... India, 1950 ... Article 226 - Habeas Corpus — Seeking release on bail ... Contrary view expressed by Jharkhand, Delhi and Karnataka high Courts is not correct. ... State of Orissa", AIR 1975 SC 1465 contended that the Magistrte has no inherent power to remand an accused to custody without taking cognizance of some offence after the filing of challan in Court. ... It is also the case....
2017 0 Supreme(Pat) 642 • India - Patna
ASHWANI KUMAR SINGH
implicated in false case and sent to judicial custody, then would cause incalculable harm to the reputation and self esteem–no remand ... Code of Criminal Procedure, 1973–Section 438 r/w Section 76 (2) of the Bihar Prohibition and Excise Act, 2016–Bail ... section 76, application U/s 438 of the Cr.P.C. not maintainable–application disposed with the direction to the Judicial Officer that bail ... Where persons are found in inebriated condition in transit or carrying small quantity of offending article in the opinion of th....
2023 0 Supreme(Jhk) 1038 • India - Jharkhand
SANJAY KUMAR DWIVEDI
Fact of the Case: The case involved illegal mining in Sahibganj, Jharkhand, with the ... The court also highlighted that further interrogation is not barred after the expiry of the initial remand period. ... judgment in the case of V.Senthil Balaji, emphasizing that further interrogation is not barred after the expiry of the initial remand ... as the periods of remand are concerned. ... date of his arrest under Section 57 and that remand to police custody cannot be beyond the period of fifteen days and....
2025 Supreme(Online)(Jhk) 3734 • India - IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
lower court failed to discharge its duties by not properly addressing the evidence necessary to establish the charges, warranting a remand ... Registry is directed to transmit the trial record after retaining the photocopy of the same, to the Sessions Judge, Chatra. 11. ... No. 174 of 2002 whereby and where under, the learned Additional Sessions Judge, Fast Track Court-III, Chatra has acquitted the accused persons of the case by giving them the benefit of doubt and discharged them from the liability of their bail bond; after in the impugn....
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