What is transit remand?

What is transit remand?

In practical terms, ‘transit remand order’ means on order passed by a Judicial Magistrate remanding an arrested person to police custody for the purpose of his transit to another state. Further, the local Magistrate authorizes the other-state police to take the arrestee out of his home state.

What does transit bail mean?

The term transit here stands for the action of passing through a jurisdiction. A transit anticipatory bail is granted to someone when they are apprehended to be arrested in a different jurisdiction to the jurisdiction the suit has been filed against them.

WHO Issues transit remand?

In case an accused is arrested in a State other than the one in which the FIR or complaint is registered such that transportation of the accused has to be arranged and the detention may go beyond a 24-hour period, courts have started passing orders granting “transit remand” to allow the police to transport an accused …

Can we get bail during remand?

Remand is ordered only after considering evidence and not on the face of the application. Also, a maximum limit is set for which remand can be ordered. After expiry of that period, the accused is entitled to bail in case the chargesheet is not filed by the police in time.

What is protective bail?

The protective bail is granted under section 498 of the Criminal Procedure Code, 1898 to an accused to enable him to approach the concerned court of the other provinces for the purpose of obtaining pre-arrest bail without touching its merits.

Who can grant transit remand?

Transit bail is usually sought against a transit remand order wherein the Judicial Magistrate of one State permits the police of another State to arrest the person and the said person is accordingly put in police custody solely for the purpose of remand.

What are the types of bail?

Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance (Sec. 1). (3) Bail is the security required by the court and given by the accused to ensure that the accused appear before the proper court at the scheduled time and place to answer the charges brought against him.

What is remand and its types?

There are two types of remand i.e. physical remand and judicial remand. When a caused is sent to custody of police by magistrate it is called physical remand and when the accused is sent to judicial lock-u/jail it is called judicial remand.

What is difference between remand and bail?

The term “remand” may be used to describe the process of keeping a person in detention rather than granting bail. A prisoner who is denied, refused or unable to meet the conditions of bail, or who is unable to post bail, may be held in a prison on remand.

Why do courts remand?

Remand is when higher courts send cases back to lower courts for further action. For example, cases may be remanded when the appellate court decides that the trial judge committed a procedural error, excluded admissible evidence, or ruled improperly on a motion.