JAYSUKHBHAI VITTHALBHAI SAVALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By This Application Under Article 227 Of The Constitution Of India, the applicant original accused calls in question the legality and validity of the order dated 18.11.2015 passed by the 14th Additional Civil Judge and Judicial Magistrate, First Class, Surat ordering the applicant herein to be taken on police remand from 18.11.2015 to 20.11.2015.

(2.) The Facts Giving Rise To This Application May Be Summarized As under:

(3.) Being Dissatisfied, The Applicant Has Come Up With This Application. Mr. I.H. Syed, the learned counsel appearing for the applicant submitted that the learned J.M.F.C. committed an error in passing the impugned order. He submitted that once this Court ordered release of his client on anticipatory bail subject to certain terms and conditions, then there is no power with the Investigating Officer to pray for remand. He submitted that assuming for the moment that even after the grant of anticipatory bail, an accused can be taken on police remand, the grounds put forward by the Investigating Officer for police remand could be termed as absolutely irrelevant and flimsy.