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2016 (4) TMI 1462 - CALCUTTA HIGH COURTSeeking grant of bail - right to seek police remand - Challenge to rejection of prayer for police remand - HELD THAT:- The denial of police custody to the investigating agency in the instant case was not due to any fault on the part of such agency or due to operation of any supervening circumstance beyond the control of the parties, namely, state of health of the accused person etc. On the other hand, the denial of such right was due to an erroneous order passed by the Court below. Hence, merely setting aside the impugned order dated 18.3.2016 rejecting police remand would not cure the prejudice caused to the entitlement of the investigating agency to seek police remand which was scuttled by the said illegal order of the Magistrate. Investigating agency had rightly availed of its valuable right to seek police remand within the first 15 days of detention of the accused but was denied the same due to a wrong order passed by the Court. Applying the maxim "actus curiae neminem gravabit" to the facts of the case, it is held that such erroneous order cannot defeat the right to seek police remand and the matter is accordingly remitted to the Magistrate for consideration of the prayer for further police remand as if such consideration is being made as on 18.3.2016. In CENTRAL BUREAU OF INVESTIGATION SPECIAL INVESTIGATION CELL-I VERSUS ANUPAM J. KULKARNI [1992 (5) TMI 191 - SUPREME COURT], the prayer for police remand, in fact, was granted by the Magistrate but could not be availed of due to the health condition of the accused. Under such circumstances, the Apex Court held that further prayer for police remand could not have been entertained and granted after lapse of 15 days of detention. In the instant case further prayer for police remand was within the stipulated period but was illegally denied by the Court. Hence, the ratio of the aforesaid report is of no assistance to the petitioner. Bail cannot be granted to accused - the learned Magistrate is directed to consider the prayer for further police remand of the accused forthwith positively by Friday i.e. 08.04.2016 and pass appropriate order thereon in accordance with law in the light of the observations made in this order. Application disposed off.
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