Whether an Accused can Surrender in Court at Investigation Stage
By
Yogendra K Shrivastava
The question, whether an accused can surrender in the court at investigation stage and request for being enlarged on bail, often comes up for consideration before different courts of criminal jurisdiction.
The provisions of bail and the remand are connected inter alia. Provisions of bail, by necessary implication, attract the provisions of remand. Facts and circumstances showing complicity of the accused with the commission of the offence are the important factors 'which are taken into consideration while deciding bail application. It is not necessary that every accused who surrenders in court shall be released on.bail. It is also likely that according to the circumstances of the case court may refuse the bail and may prefer to send the accused to jail into judicial custody. This is an admitted fact that at the investigation stage remand of the accused is granted under S. 167 of the Code of Criminal Procedure and Section 309 Cr.P.C. comes into play during inquiry or trial of ....