Summary
In a CBI case against Eastern Coalfields officials and others, the Special Judge granted seven days' police custody of the accused on his arrest on 16 April 2021, but he was hospitalised two days later, obtained interim bail on 21 April 2021, and remained on bail until it was cancelled on 8 December 2021 for non-cooperation and misuse of liberty. The High Court later granted him default bail under Section 167(2) CrPC. On the CBI's appeal seeking the unexercised balance of police custody, the Supreme Court observed that the view in Anupam J. Kulkarni that police custody cannot be granted beyond fifteen days from arrest requires reconsideration, held that no accused can be permitted to frustrate a final order of police remand by his own conduct, and permitted the CBI four days' police custody, the agency having interrogated him only for two and a half days of the seven granted.
Issues
- Whether an investigating agency can be granted police custody beyond fifteen days from arrest to complete a period of custodial interrogation already ordered but frustrated by the accused's hospitalisation and interim bail.
- Whether the pendency of a co-accused's special leave petition with an interim order against coercive steps affects the proceedings against this accused.
Provisions considered
- Section 167(2), Code of Criminal Procedure, 1973The order granting seven days' police custody had attained finality; interim bail obtained during that period precluded police custody and the CBI could interrogate the accused for only two and a half days, so the remainder was permitted despite the lapse of fifteen days from arrest. (¶¶ 6, 7.1, 8, 10)
- Sections 120B and 409, Indian Penal Code, 1860Offences, along with provisions of the Prevention of Corruption Act, 1988, for which the FIR was registered by the CBI on 27.11.2020. (¶ 2)
Held
- The view in Anupam J. Kulkarni that there cannot be police custody beyond fifteen days from the date of arrest requires reconsideration, as where a trial court erroneously refuses police custody sought within fifteen days and the higher court reverses it after that period, the investigating agency would otherwise be left without remedy. (¶¶ 7, 7.1)
- The accused got himself hospitalised during the police custody period and obtained interim bail, which was later cancelled for misuse and non-cooperation, thereby avoiding the full operation of a final order of police custody. No accused can be permitted to play with the investigation or frustrate the judicial process by his conduct; custodial interrogation is an important right of the investigating agency, and denying the remainder of the custody would give a premium to the accused. (¶¶ 6, 8)
- The pendency of a co-accused's special leave petition challenging the CBI investigation, with an interim order against coercive steps, has nothing to do with the present proceedings; this accused's own similar petition was not permitted to be filed, with liberty to pursue remedies in law. (¶ 9)
Result
Appeal allowed to the extent that the CBI is permitted police custody remand of the accused for four days, being the unexercised balance of the seven days granted by the Special Judge on 16.04.2021, of which only two and a half days could be used for interrogation.