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Application seeking police custody not maintainable after expiry of 15 days from arrest & first remand of accused
Case Law Details
- Case Name
- Yogeshbhai Naginbhai Vora Vs State of Gujarat (Gujarat High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Gujarat High Court
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Yogeshbhai Naginbhai Vora Vs State of Gujarat (Gujarat High Court)
The only question that falls for consideration of this Court is whether the police custody / remand of the petitioner – accused can be ordered by the Court pending adjudication and in an interregnum time, when the initial period of 15 days is over?
The remand of an accused is contemplated in two stages: (a) pre-cognizance and (b) post-cognizance. Section 167 (2) of the Cr.P.C. is attracted where cognizance has not been taken and Section 309 of the Cr.P.C. is attracted only after the cognizance has been taken. In the present c...
