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Finality of a prior remand adjudication bars re-agitation of continued custody where the earlier determination was not disturbed, while preserving the option to seek regular bail. A complaint filed within the period prescribed by section 187 of the BNSS satisfies the requirement for statutory/default bail purposes; cognizance need not be taken within that period. Setting aside cognizance for failure to provide a pre-cognizance hearing under section 223 of the BNSS does not make further remand illegal or create an entitlement to statutory release. The appropriate recourse remains a merits-based regular bail application.
Finality of a prior remand adjudication bars re-agitation of continued custody where the earlier determination was not disturbed, while preserving the option to seek regular bail. A complaint filed within the period prescribed by section 187 of the BNSS satisfies the requirement for statutory/default bail purposes; cognizance need not be taken within that period. Setting aside cognizance for failure to provide a pre-cognizance hearing under section 223 of the BNSS does not make further remand illegal or create an entitlement to statutory release. The appropriate recourse remains a merits-based regular bail application.
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