MOHAMMED TAHER (A Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petition filed seeking grant of bail, gives rise to a simple question of law, namely, what is the effect of an order passed by a Magistrate under Sec. 167 of the Code of Criminal. Procedure extending the remand without the accused being produced before him.

(2.) The brief facts relevant are : On 3-5-90 the accused-petitioner was arrested and produced before the 16th Metropolitan Magistrate on the same day and he was ordered to be remanded to judicial custody upto 17-5-90. However, thereafter, on as many as four occasions the remand was got extended without producing the accused.

(3.) The submission of Mr. Padmanabha Reddy is that the very extension of remand under Sec. 167. Criminal Procedure Code, without the accused being produced is bad in law and accordingly the accused is entitled to be released.