Lawstreet Journal

Remand Power under Section 167 CrPC can also be exercised by courts superior to Magistrate: Supreme Court on dismissing appeal seeking default bail

Lawstreet Journal 19 May 2021 2:01am

Image courtesy: Lawstreet Journal Judiciary Remand Power under Section 167 CrPC can also be exercised by courts superior to Magistrate: Supreme Court on dismissing appeal seeking default bail

A bench of the Supreme Court comprising Justices UU Lalit and KM Joseph on May 17th, 2021, while dismissing the appeal of  activist Gautam Navlakha seeking default bail in the Bhima Koregaon case, observed in the judgement:

Though the power is vested with the Magistrate to order remand by way, of appropriate jurisdiction exercised by the superior Courts, (it would, in fact, include the Court of Sessions acting under Section 439) the power under Section 167 could also be exercised by Courts which are superior to the Magistrate.”

The guiding push in the contention in the matter arises from a prior judgement when the court dismissed Navlakha’s petition on May 12th, 2021, under which Navlakha wanted the 34 day period of Navlakha’s house arrest in 2018 to be included in his period of detention for the purpose of granting default bail under Section 167(2) of CrPC, as the house arrest period was declared to be unlawful by the Delhi High Court as it had found his arrest to be illegal and this illegal period cannot be included while computing the 90 days period prescribed for granting of default bail under Section 167(2) of the CrPC, which the appeal contends is not passed by the High Court of Delhi under Section 167 of the CrPC, citing the reason that what CrPC contemplated under the aforementioned Section is an order passed by a Magistrate, nudging the court to consider the issue whether a Court other than a Magistrate can order remand under Section 167 CrPC.

 

The court… Continue Reading...


Tagged: Supreme Court of India  
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