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Remand Order Passed In The Absence Of Accused Does Not Entitle Him To Seek Bail

The Karnataka High Court in D. GUNDAPPA vs State of Karnataka has observed that mere non-production of the accused from time to time and failure of the Magistrate to pass express order remanding the accused to custody do not vitiate the proceedings, nor does it confer a right on the accused to seek for his release on bail.

The Bench comprising Justice H.G. Ramesh And Justice John Michael Cunha however clarified that the production of the accused before the Magistrate as mandated in section 167(2)(b) and section 209 CrPC is a rule and non-production of the accused is only an exception and it is only when the physical production of the accused is not possible on account of his hospitalization or such other unavoidable reasons, the Magistrate cannot refuse to extend the remand merely on ground of non-production of the accused.

 Article referred: http://www.livelaw.in/remand-order-passed-absence-accused-not-entitle-seek-bail-karnataka-hc-read-order/

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