NATABAR PARIDA BISNU CHARAN PARIDA BATAKRUSHNA PARIDA BABAJI PARIDA versus STATE OF ORISSA

NATABAR PARIDA BISNU CHARAN PARIDA BATAKRUSHNA PARIDA BABAJI PARIDA versus STATE OF ORISSA

Where an investigation was pending before the commencement of the Criminal Procedure Code, 1973, Section 484(2)(a) mandates that the investigation and corresponding powers of remand are governed by the old Code (1898). Thus, the appellants are not entitled to claim statutory bail under proviso (a) to Section 167(2) of the new Code; remand during investigation was permitted only as per Section 344 of the old Code, and there is no inherent court power of remand outside statutory provisions.

Parties
Appellant: Natabar Parida; Appellant: Bisnu Charan Parida; Appellant: Batakrushna Parida; Appellant: Babaji Parida; Respondent: State of Orissa
Jurisdiction
India
Judgment Date
16 August 1975
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Orissa High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Remand to Custody, Bail During Investigation, Transition From Old to New Cr PC
Criminal Procedure Remand to Custody Bail During Investigation Transition From Old to New Cr PC

Case Brief

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Parties

Natabar Parida

Appellant

Bisnu Charan Parida

Appellant

Batakrushna Parida

Appellant

Babaji Parida

Appellant

State of Orissa

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Orissa High Court Judgment

Legal Issues

  1. 1 Whether Magistrate has inherent power to remand an accused to custody
  2. 2 Applicability of proviso (a) to Section 167(2) CrPC, 1973 to investigations pending before commencement of Act
  3. 3 Right to bail if investigation not completed within 60 days under new CrPC

Ratio Decidendi

Where an investigation was pending before the commencement of the Criminal Procedure Code, 1973, Section 484(2)(a) mandates that the investigation and corresponding powers of remand are governed by the old Code (1898). Thus, the appellants are not entitled to claim statutory bail under proviso (a) to Section 167(2) of the new Code; remand during investigation was permitted only as per Section 344 of the old Code, and there is no inherent court power of remand outside statutory provisions.

Court Disposition

Appeal dismissed

Orders

  • Appellants cannot claim bail under proviso (a) to Section 167(2) CrPC, 1973; investigation and remand governed by old Code provisions.