Concept of Remand it’s kind

Remand” typically refers to the act of detaining a person accused of a crime until their trial or court appearance, and Physical custody of the accused is called  physical remand  when a accused is sent in custody of police by the magistrate. Whereas when the accused is sent to judicial lock up/jail it is called judicial remand.

Five kind of remand

• 1) Physical remand
• 2) Judicial remand
• 3) Transit remand
• 4) Remand on bail
• 5) Successive remand

• Relevant Sections
• 10(2) of constitution 1973.
• 61, 167, 173 CrPC deals with remand during investigation and
• 344 of CrPC deals with remand during trial
• Rule 25.56(1) of police rules 1934.
• Chapter 11-B of volume 3 of the high court rules and orders.

• Basic Principles For Granting Physical Remand
• Following principles are laid by High Court for grant of “Physical Remand”.
• (1) During first 15 days, the Magistrate may authorize the detention of the accused in judicial custody liberally but shall not authorize the detention in the custody of the police except on strong and exceptional grounds and that too, for the shortest possible period;
• (2) The Magistrate shall record reasons for the grant of remand.
• (3) The Magistrate shall forward a copy of his order passed under section 167, Cr.P.C. to the Sessions Judge concerned.
• (4) After the expiry of 15 days, the Magistrate shall require the police to submit complete or incomplete challan and in case, the challan is not submitted, he shall refuse further detention of the accused and shall release him on bail with or without surety.
• (5) After the expiry of 15 days, no remand shall be granted unless, the application is moved by the police for the grant of remand/ adjournment.
• (6) The application moved by the prosecution/ police after the expiry of 15 days of the arrest of the accused, be treated as an application for adjournment under section 344, Cr.P.C.
• (7) Before granting remand, the Magistrate shall assure that evidence sufficient to raise suspicion that the accused has committed the offence has been collected by the police and that further evidence will be obtained after the remand is granted.
• (8) The Magistrate shall not grant remand /adjournment in the absence of the accused.
• (9) The Magistrate should avoid giving remand /adjournment at his residence.
• (10) The Magistrate shall give opportunity to the accused to raise objection, if any, to the grant of adjournment /remand
• (11) The Magistrate shall record objection which may be raised by an accused person and shall give reasons for the rejection of the same.
• (12) The Magistrate shall examine police file before deciding the question of remand.
• (13) If no investigation was conducted after having obtained remand, the Magistrate shall refuse to grant further remand /adjournment.
• (14) The Magistrate shall not allow remand/ adjournment after 2 months (which is a reasonable time) of the arrest of the accused unless it is unavoidable.
• (15) In case, complete challan is not submitted, the Magistrate shall commence trial on the strength of incomplete challan and examine the witnesses given in the list of witnesses.
• (16) If the challan is not submitted within 2 months, the Magistrate shall report the matter to the Sessions Judge of the district and also bring the default of the police to the notice of Superintendent of Police of the district.
• (17) The Magistrate shall not grant remand mechanically for the sake of co-operation with the prosecution/ police.
• (18) The Magistrate shall always give reasons for the grant of remand and adjournment.
• The Magistrates should realize that they are answerable and accountable to the High Court for the illegalities and irregularities done by them and that the High ‘Court under section 439, Cr.P.C. is quite competent to examine the correctness of the orders passed by them and in case they violate the instructions given by High Court, serious action may be taken against them:

• 1984 PCrLJ 2588
• عدالت کی طرف سے جسمانی ریمانڈ منظور کرنے کے 18 اہم اصول ایک دفعہ جب ملزم کو جوڈیشل حوالات بھیج دیا جائے، اسے بعد ازاں متواتر یکے بعد دیگرے مختلف مقدمات میں ریمانڈ پر پولیس کے حوالے نہیں کیا جاسکتا۔
• Order 6, Rule 4. Pleadings. Particulars to be given where necessary. Scope. Point of facts not taken in the pleadings before the original court, could not be taken for the first time in appeal.
• 2019 YLR 902 ( b).
• S. 103. Search to be made in presence of witness. Object. Prime object of s. 103 crpc was to ensure the transparency and fairness on the part of police during the course of recovery, curb the false implication and minimize the scope of foisting of fake recovery upon the accused.
• 2019 YLR 1000 ( b).
• S. 161. Any witness who was nominated in the FIR, any delay in recording his statement by the police did not affect the prosecution case or made it doubtful. 2019 YLR note 32 Page 25
• PRINCIPLES laid down in decided cases or guidance for Magistrate in INDO-PAK apex courts
• PLD 1978 SC 236
• Nazir Ahmad case
• AIR 1969 SC 1014
• Ramsawami case
• 1984 PrCLJ 2588
• Gulam serwary case
• PLD 2001 SC 607,608,609
• Khan Asfandyarwali case
• PLD 1992 Kar 358
• M Sadiq case
• PLD 1999 Pesh 39
• Azmat Ali case
• 1995 MLD 771
• Mohsin Ali shah case
• AIR 1993 SC 1,11
• Bihari babu case
• AIR 1990 SC 71