Criminal Procedure Code
85
(3) The officer making the investigation shall state in the copy
of the entries in the diary referred to in subsection (1), any period
of detention of the accused immediately prior to the application,
whether or not such detention relates to the application.
(4) The Magistrate, in deciding the period of detention of
the accused person, shall take into consideration any detention
period immediately prior to the application, whether or not such
detention relates to the application.
(5) The Magistrate in deciding the period of detention of the
accused shall allow representations to be made either by the
accused himself or through a counsel of his choice.
(6) If the Magistrate has no jurisdiction to try the case and
considers further detention unnecessary he may order the accused
person to be produced before a Magistrate having such jurisdiction
or, if the case is triable only by the High Court, before himself or
another Magistrate having jurisdiction with a view to transmission
for trial by the High Court.
(7) A Magistrate authorizing under this section detention in
the custody of the police shall record his reasons for so doing.
Police officer may require bond for appearance of complainant
and witnesses
118. (1) If upon a police investigation made under this Chapter
it appears to the officer making the investigation that there is
sufficient evidence or reasonable ground of suspicion to justify
the commencement or continuance of criminal proceedings against
any person, the officer shall require the complainant, if any, and
so many of the persons who appear to the officer to be acquainted
with the circumstances of the case, as he thinks necessary, to
execute a bond to appear before a Magistrate’s Court therein
named and give evidence in the matter of the charge against the
accused.
(2) The officer in whose presence the bond is executed shall
send it to the Magistrate’s Court.
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