https://www.taxtmi.com/caselaws?id=311326 A remand order validly made during investigation continues after filing of the charge-sheet and taking of cognizance until it expires or is replaced by a fresh remand under Section 309(2), so the custody does not become unlawful merely because cognizance has been taken. The expression "in custody" under Section 309(2) refers to physical custody, and lawful custody is not a separate precondition for the Magistrate to remand the accused once the accused is before the court. Default bail is unavailable unless the prescribed investigation period has expired, and a later valid remand may regularise any arguable earlier defect in custody. en-us Mon, 27 Jun 2005 00:00:00 +0530 Wed, 20 Dec 2023 11:38:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=311326 A remand order validly made during investigation continues after filing of the charge-sheet and taking of cognizance until it expires or is replaced by a fresh remand under Section 309(2), so the custody does not become unlawful merely because cognizance has been taken. The expression "in custody" under Section 309(2) refers to physical custody, and lawful custody is not a separate precondition for the Magistrate to remand the accused once the accused is before the court. Default bail is unavailable unless the prescribed investigation period has expired, and a later valid remand may regularise any arguable earlier defect in custody. Case-Laws Indian Laws Mon, 27 Jun 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=311326