VidhiSangh

Supreme Court of India · 07/02/2022

SERIOUS FRAUD INVESTIGATION OFFICE versus RAHUL MODI & ORS.

[2022] 1 S.C.R. 597 · 2022 INSC 158

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Summary

The High Court granted statutory bail because cognizance of an SFIO complaint had not been taken within sixty days, although the complaint had been filed within that period. Applying Bhikamchand Jain, the Court set aside the bail order. Timely filing satisfies the relevant default-bail requirement; cognizance need not also occur within that period. The cited precedents did not conflict on this issue, and no larger-Bench reference was required.

Issues

  1. Whether absence of cognizance within the statutory period entitles an accused to default bail despite timely filing of the complaint.
  2. Whether the cited default-bail precedents required a larger-Bench reference.

Provisions considered

Held

Result

Appeals allowed; High Court order granting statutory bail set aside because the complaint was filed within the applicable statutory period. No larger-Bench reference required.

Judgment PDF: Supreme Court of India, [2022] 1 S.C.R. 597.