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2015 (8) TMI 1574 - SUPREME COURTRemand in police custody - arrest after filing charge sheet - 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? - Allegation of killing of nine persons and injuring large number of villagers of Village Netai of District Paschim Medinipore in West Bengal. HELD THAT:- In STATE THROUGH C.B.I. VERSUS DAWOOD IBRAHIM KASKAR AND ORS. [1997 (5) TMI 453 - SUPREME COURT] a three judge bench of this Court has laid down the law on the issue relating to grant of police custody of a person arrested during further investigation, and it was held that So far as the accused in the first category is concerned he can be remanded to judicial custody only in view of Section 309(2), but he who comes under the second category will be governed by Section 167 so long as further investigation continues. That necessarily means that in respect of the latter the Court which had taken cognizance of the offence may exercise its power to detain him in police custody, subject to the fulfilment of the requirements and the limitation of Section 167. The case of DINESH DALMIA VERSUS C.B.I. [2007 (9) TMI 686 - SUPREME COURT] which is relied upon by the High Court, relates to granting of bail Under Section 167(2) Code of Criminal Procedure. In said case, the accused/absconder (Dinesh Dalmia) after his arrest was produced before the Magistrate, and on the request of CBI police custody was granted on 14.2.2006 till 24.2.2006, whereafter on another application further police custody was granted till 8.3.2006. Said accused was remanded to judicial custody, and the accused sought statutory bail Under Sub-section (2) of Section 167 Code of Criminal Procedure as no charge sheet was filed against him by CBI within sixty days of his arrest - the High Court is not justified on the basis of Dinesh Dalmia in upholding refusal of remand in police custody by the Magistrate, on the ground that accused stood in custody after his arrest Under Section 309 Code of Criminal Procedure. The refusal of police remand in the present case is against the settled principle of law laid down by this Court. Therefore, the impugned orders passed by the High Court, affirming the orders of the Additional Chief Judicial Magistrate, Jhargram, are liable to be set aside. Accordingly, the impugned orders passed by the High Court and the orders passed by the Magistrate, declining the police remand, are set aside. Appeal allowed.
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