SANJAY VIJAY SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned Counsel for the parties. The learned A.P.P. fairly concedes that on the face of the record, the order passed by the learned Addl. Chief Metropolitan Magistrate, 37th Court, Esplanade, Bombay, remanding the Accused to Police Custody beyond the period of 15 days is erroneous and illegal and that the learned Additional Chief Metropolitan Magistrate ought to have remanded the Accused to magisterial custody. Mr.Bhat submits that as the order of remand is erroneous and illegal the Applicant/Accused is entitled for bail. At this stage it will be proper to set aside the order passed by the learned Magistrate remanding the Accused to Police custody till 7.4.1997 and instead remand the accused to judicial custody pending investigation of the accused. The learned Magistrate was in error in remanding the Accused to police custody beyond the period of 15 days as held by the Supreme Court in the case of C.B.I. V/s. Anupam Kulkarni, reported in 1992 Cr.L.J.page 2768. The Applicant/Accused is directed to move the learned Magistrate or the Court of Sessions for bail as now it will be open for the Applicant to apply for bail, as he is remanded to the judicial custody. Mr.Bhatt made a grievance that the investigating Officer has also not permitted the Advocate of the Accused to meet him and take instructions and that the Accused is not able to give instructions freely due to the presence of the Police and that the Advocate of the Accused should be permitted to interview the Accused and also take written instructions from him without the interference of the Police Officers and constables. Hence the order :-

(2.) THE application of the Accused stands disposed of accordingly. Certified copy expedited."