DEVENDER KUMAR & ANR. ETC. versus STATE OF HARYANA & ORS. ETC.

DEVENDER KUMAR & ANR. ETC. versus STATE OF HARYANA & ORS. ETC.

Police remand cannot be ordered after the first fifteen days from arrest under s.167 CrPC. The High Court was not justified in cancelling bail and ordering police custody based solely on disclosure statements by the accused. Absence of allegations of misuse of bail or interference with investigation rendered cancellation of bail improper.

Parties
Appellant: Devender Kumar; Respondent No.4 Complainant: Kavita alias Shama; Respondent: State of Haryana; Appellant: Aditya Chaudhary; Respondent: Pramod Dayal; Respondent: Nikunj Dayal; Respondent: Ajay K. Jain; Respondent: Kamal Mohan Gupta
Jurisdiction
India
Judgment Date
05 May 2010
Procedural Posture
Criminal Appeal / Appeal From Judgment and Order Dated 19.03.2010 of Punjab & Haryana High Court at Chandigarh
Outcome
Appeals allowed; impugned High Court order set aside; order of Magistrate granting bail restored.
Legal Topics
Bail Cancellation, Police Custody Remand, Code of Criminal Procedure S.167, Dowry Offences
Criminal Law Bail Cancellation Police Custody Remand Code of Criminal Procedure S.167 Dowry Offences

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Parties

Devender Kumar

Appellant

Kavita alias Shama

Respondent No.4 Complainant

State of Haryana

Respondent

Aditya Chaudhary

Appellant

Pramod Dayal

Respondent

Nikunj Dayal

Respondent

Ajay K. Jain

Respondent

Kamal Mohan Gupta

Respondent

Procedural Posture

Criminal Appeal / Appeal From Judgment and Order Dated 19.03.2010 of Punjab & Haryana High Court at Chandigarh

Legal Issues

  1. 1 Whether police remand can be granted after expiry of fifteen days from arrest under s.167 CrPC
  2. 2 Whether bail granted can be cancelled and police remand granted based on disclosure statements by accused

Ratio Decidendi

Police remand cannot be ordered after the first fifteen days from arrest under s.167 CrPC. The High Court was not justified in cancelling bail and ordering police custody based solely on disclosure statements by the accused. Absence of allegations of misuse of bail or interference with investigation rendered cancellation of bail improper.

Court Disposition

Appeals allowed; impugned High Court order set aside; order of Magistrate granting bail restored.

Orders

  • Impugned order dated 19th March, 2010 directing cancellation of bail and re-arrest set aside.
  • Order of learned Magistrate dated 10th October, 2008 granting bail to appellants restored.