Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | CR.P.C s. 167(2) Frustration of judicial process by conduct default bail |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 – s. 167(2) – Application for default bail – Frustration of judicial process by conduct – Respondent was accused of having committed offence u/s 409/120B of IPC – On 16.04.2021, the respondent-accused was arrested by the CBI and was remanded to the CBI custody for a period of seven days i.e., till 22.04.2021 – However, during the said period the respondent-accused was admitted in the hospital and thus could not be interrogated by the CBI – Thereafter, he obtained interim bail on 21.04.2021 which came to be extended till 08.12.2021 – Later, the interim bail was cancelled on the ground that the accused did not appeared before the Special Court despite specific directions and also did not cooperated in the investigation – Accused was arrested again and was remanded to judicial custody, but he again got himself admitted in the hospital for that period – Accused filed an application for default bail u/s. 167(2) Cr.P.C. on the ground of non-filing of the charge sheet/report within the prescribed period of 90 days – Application was rejected – However, High Court allowed the said application and has directed to release the respondent on statutory/default bail u/s. 167(2) Cr.P.C. – On appeal, held: CBI could not interrogate the respondent-accused – Accused remained in the hospital from time to time – Accused frustrated the judicial process by his conduct – It cannot be disputed that the right of custodial interrogation/investigation is also a very important right in favour of the investigating agency to unearth the truth, which the accused has purposely and successfully tried to frustrate – CBI permitted to have the police custody remand of the respondent for a period of four days. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2023 INSC 345 |
Petitioner | Central Bureau Of Investigation |
Respondent | Vikas Mishra @ Vikash Mishra |
SCR | [2023] 3 S.C.R. 321 |
Judgement Date | 2023-04-10 |
Case Number | 957 |
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