https://www.taxtmi.com/caselaws?id=459068 An order refusing remand affects the accused's immediate liberty and is treated as an intermediate order, so revision is maintainable. The Arnesh Kumar guidelines do not create a blanket bar on arrest or remand in offences punishable with imprisonment up to seven years; they require compliance with the statutory safeguards governing arrest. Notice under Section 41-A is mandatory only where arrest is not justified under Section 41(1); if the police have reason to believe an offence was committed and arrest is necessary for investigation or to prevent interference with evidence or witnesses, custody may proceed without prior notice. On the facts, refusal to remand solely for non-issue of notice was unsustainable. en-us Sat, 29 Oct 2022 00:00:00 +0530 Thu, 28 Nov 2024 19:27:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=459068 An order refusing remand affects the accused's immediate liberty and is treated as an intermediate order, so revision is maintainable. The Arnesh Kumar guidelines do not create a blanket bar on arrest or remand in offences punishable with imprisonment up to seven years; they require compliance with the statutory safeguards governing arrest. Notice under Section 41-A is mandatory only where arrest is not justified under Section 41(1); if the police have reason to believe an offence was committed and arrest is necessary for investigation or to prevent interference with evidence or witnesses, custody may proceed without prior notice. On the facts, refusal to remand solely for non-issue of notice was unsustainable. Case-Laws Indian Laws Sat, 29 Oct 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=459068