VidhiSangh

Supreme Court of India · 10/04/2023

CENTRAL BUREAU OF INVESTIGATION versus VIKAS MISHRA @ VIKASH MISHRA

[2023] 3 S.C.R. 321 · 2023 INSC 345

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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

  1. 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.
  2. 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

Held

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.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 321.