Physical remand cannot be granted in other FIRs once the accused remanded to judicial custody: LHC

LAHORE: The Lahore High Court (LHC) held that the physical remand of an accused lodged to judicial custody cannot be obtained in other FIRs registered at different police stations or districts or provinces without the permission of the magistrate concerned.

The court said, there is no provision in CrPC which could authorise subsequent physical remand in the same case once an accused is lodged to judicial custody, but the magistrate concerned can grant physical remand of such accused in different FIRs if there exist exceptional and convincing circumstances.

The court observed that when an accused is arrested in a case, his arrest must be shown in all the cases registered against him.

The court said, on information about the presence of the accused in judicial custody in a case in another district or province, police can follow the procedure laid down in Police Rules, 1934 for subsequent remand.

A magistrate is tasked with carefully considering the facts, the law, and the circumstances of each case before making a decision that could significantly impact an individual’s liberty and rights.

The court said a magistrate under the High Court Rules & Orders can remand the accused to police custody or to magisterial custody, for a term not exceeding 15 days.

The court also said, if the limit of 15 days has elapsed, and there is still a need for further investigation by the police, the procedure to be adopted is laid down in section 344, CrPC.

The court said that the case may be postponed or adjourned from time to time for periods of not more than 15 days each, the order of adjournment must show good reasons for making the order and the accused must be produced before the magistrate.

The court passed this order in a petition filed for the recovery of the petitioner’s brother Zaheer-ul-Hassan allegedly from the illegal confinement of an inspector of the Organized Crime Unit.

The Capital City Police Officer (CCPO), Lahore told the court that the detenu was required in a number of cases and was arrested in a case under section 392 PPC registered at police station Old Anarkali Lahore.

According to him, earlier magistrate while declining physical remand had directed the lodging of detenu to judicial custody but police obtained his physical remand again from the magistrate.

The court said if the accused was in judicial custody in another case, granting of further physical remand by the magistrate in a case under section 392 PPC police station Old Anarkali Lahore was not illegal.

The petitioner’s counsel also informed the court that the court concerned has allowed bail.

The petition stands disposed of as the accused is set at liberty and the police has also admitted the commission of criminal act by respondents, the court concluded.

Copyright Business Recorder, 2024