HOW TO DRAFT REMAND YAADI

INGREDIENTS
Remember the court is not bound to make an order of remand, nor it is bound
to release the accused. The discretion to make a suitable order is to be exercised
judicially keeping in view all the facts and circumstances of the case such as.
Nature of charge
The gravity of offence.
The area of investigation
The antecedents of the accused.
It will be the duty of the I.O. to show that not only there are reasonable
grounds to believe that the accused is concerned in the non-bailable offence but that
his custody is imperative in the interest of the investigation. Thus remand application
must specify:
(a) Substantial and compelling steps of investigation to be undertaken.
And
(b) It must be show n that but for Police Custody, Material progress of
investigation into definite lines is likely to be obstructed.
Pointing out of identification of accomplices, locating hideout, eliciting over
acts of conspiracy discovering stolen or concealed property, weapon of offence etc.,
are cogent ground worth depicting with factual details. Vague or fanciful assertion
will be of no avail, e.g. ball can be denied because house is to be searched.
(AIR 1978 SC 1016; 1978 Cr.L.J.774)
Where investigation has continued for sometime before arrest of the
accused or where the accused is brought up after the first remand, some direct
evidence of the connection of the accused with the crime is necessary to
justify a further remand Police or jail.
(1966 CR.L.J.1241, AIR 1966 mad 848 1964 Cr.L.J.1090 ALL)
It is obligatory upon the I.O to adduce material to show that
MATERIAL PROGRESS has been made in the matter of collection of
evidence.
Point out if accused was to disclose certain place of occurrence, not
known to the police or otherwise to assist the case.
That some property was to be recovered at the instance of accused
regarding that a statement has already been made.
Any other good ground or special reasons keeping in view the facts of
the case.
Remember:
1. When accused is arrested u/s 41 of the Cr.P.C. there is no justification for
remand i.e. sec. 167 Cr.P.C. is not applicable at all. But if a case has already
been registered, then remand may be justified.

2. When remand is refused-remedy:

Revision lies in such case u/s 397 Cr.P.C. session judge has the power of
revision.
3. If an accused is a convict in some other offence, then PCR cannot be obtained.
The only recourse is to Sec. 432 Cr. P.C. i.e. sentence should be got suspended
temporarily u/s 432 Cr.P.C.
4. If an accused is under judicial custody in some other offence, accused must be
got transferred u/s 47 Cr. P. C. from the concerned magistrate for arrest in the
other (second) offence.
5. C. Ds to be send along with the remand application.
The failure to send CDs results in presumption adverse to the prosecution and may
prove fatal to the case. It apparently shows that the police has not written CDs for
want of evidence or was trying to collect false evidence or that the entries in the
police diaries had not come into existence by that time. So police officer must be very
cautious in the respect.