Supreme Court of India · 1970-09-11
RAJ NARAIN vs SUPDT. CENTRAL JAIL, NEW DELHI.
- Citation / case number
- SC 1970/60074
- Court
- Supreme Court of India
- Petitioner
- RAJ NARAIN
- Respondent
- SUPDT. CENTRAL JAIL, NEW DELHI.
- Bench
- HIDAYATULLAH, M. (CJ),SHELAT, J.M.,BHARGAVA, VISHISHTHA,MITTER, G.K. & VAIDYIALINGAM, C.A.,RAY, A.N. & DUA, I.D.
Judgment text excerpt
The Supreme Court held that under Section 344 of the Code of Criminal Procedure, a Magistrate can extend a remand in the absence of the accused if circumstances permit, such as when the accused is unable to be produced due to illness. The Court clarified that the Magistrate's order to extend remand does not require the physical presence of the prisoner, and the original remand can be communicated to jail authorities without the accused being present. The Court dismissed the petition for habeas corpus, affirming that the remand was valid despite the technicality of the accused not being produced before the Magistrate.