Code of Criminal Procedure, 1973–Sec. 386 [ Corresponding Sec. 427 of BNSS, 2023 ]–Remand of case by the Appellate Court–Appropriate cases –The power of remand is neither mechanical nor obligatory–It is an exceptional recourse to be adopted only where the circumstances of the case so inexorably demand–In the matters pertaining solely to sentencing, particularly where the factual substratum is undisputed and the conviction stands affirmed, judicial prudence, procedural economy, and the interest of substantive justice warrant the Appellate Court itself to bring the lis to a quietus rather than prolong the litigation by remitting the matter to the Trial Court.
