TMI Blog2023 (12) TMI 830X X X X Extracts X X X X X X X X Extracts X X X X ..... he respondent to examine them but as observed by the learned Principal Sessions Judge, the accused was not furnished with a copy of any reason to believe that it is imperative that he must be arrested. It is pointed out on behalf of the petitioner herein that in the remand report the reasons to believe that the person should be taken into custody have been stated. A remand report is for the subjective satisfaction of the Magistrate, who actually remands the accused to judicial custody. It is not intended for the accused. It is presented before the Magistrate before whom the accused is produced and contains grounds substantiating that it is required that the accused should be remanded to judicial custody and not be let out on bond or to hold ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .03.2023, the application was dismissed. 4 . The respondent then filed Crl.M.P.No. 5658 of 2023 before the learned Principal Sessions Judge, Chennai and by an order dated 16.03.2023, bail was granted. Aggrieved by the grant of bail, the complainant has filed the present Petition seeking cancellation of that order. 5 . The factors that will have to be considered by this Court, are whether the reasons for the grant of bail by the Principal Sessions Judge are justifiable or violates any specific provisions of the CGST Act or is contrary to any of the provisions of the CGST Act and whether the reasons given that the bail could be granted are in conformity with the provisions under the CGST Act. The learned Principal Sessions Judge had examined ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n never be fitted in a particular format or in a predetermined form. Those reasons should differ case to case, otherwise there would be an allegation of there not being any application of mind to the facts of that particular case by the Commissioner or the Officer taking the decision to arrest the accused. The reasons should not only be orally stated but must be in writing so that it would be clear in black and white as to what actually the reasons are and also prevent the reasons from being added and multiplied or even subtracted or divided at a later point of time. They must be written down in writing. Those reasons must lead to a reasonable belief that the accused would be punished of the offences alleged and that therefore arrest is req ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aken into custody have been stated. A remand report is for the subjective satisfaction of the Magistrate, who actually remands the accused to judicial custody. It is not intended for the accused. It is presented before the Magistrate before whom the accused is produced and contains grounds substantiating that it is required that the accused should be remanded to judicial custody and not be let out on bond or to hold that there is no necessity to be remand. Therefore, the reasons given in the remand report would not take the petitioner anywhere so far as this case is concerned. 14. On the side of the petitioner, a grievance is expressed that the learned Sessions Judge had given findings which might play upon the mind of trial Judge during th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
