The Supreme Court has expressed the need to review its previous decision, which stated that police custody beyond 15 days from the date of arrest is not permissible. The court granted the Central Bureau of Investigation (CBI) permission to have a four-day police custody remand for an accused who was initially granted seven days' remand by a Special Court on April 16, 2021. However, the accused was hospitalized during this period and was subsequently released on interim bail after being interrogated for only two and a half days. The Bench emphasized that no accused should be allowed to obstruct the court's process or investigation and that denying the CBI the right to custodial interrogation would give undue advantage to an accused who has successfully frustrated the judicial process.
Background
In November 2020, the Central Bureau of Investigation (CBI) filed an FIR against officials from Eastern Coalfield Limited, CISF, railways, and others for alleged offenses under Section 120B read with Section 409 IPC and the Prevention of Corruption Act. On April 16, 2021, Vikas Mishra was arrested and granted seven days' remand to CBI custody. However, Mishra had to be hospitalized during his custody period, and the CBI was unable to interrogate him.
Mishra was released on interim bail by the Special Court on April 21, 2021, and his bail order was subsequently extended.
In December 2021, the Special Court revoked Vikas Mishra's interim bail due to non-compliance with bail conditions. Although he was ordered to appear before the court, he failed to do so, resulting in his re-arrest on December 11, 2021, and remand to judicial custody. Mishra was hospitalized twice while in custody, from December 12, 2021, to April 8, 2022, and from May 7, 2022, to September 8, 2022.
Subsequently, Mishra filed an application for default bail under Section 167(2) of the Cr.P.C, stating that no charge sheet had been filed within 90 days of his arrest. However, the Special Court rejected the application as the charge sheet was eventually filed on July 19, 2022. Mishra challenged the decision before the Calcutta High Court, which granted his application for default bail and ordered his release.
The Central Bureau of Investigation (CBI) appealed the High Court's decision before the Apex Court, which issued a notice on February 27, 2023, in response to the Investigating Agency's request for custodial interrogation of the accused.
Submission:
During the hearing, ASG Ms. Aishwarya Bhati argued on behalf of the CBI, stating that the agency had received police remand of Mishra from 16.04.2021 till 22.04.2021. However, as Mishra was hospitalized during this period and was subsequently granted interim bail, the CBI could not carry out the remaining days of the police custody. Therefore, she requested that the CBI be allowed to have police custody of Mishra for the remaining period of seven days.
On the other hand, Senior Advocate Mr. Neeraj Kishal Kaul, representing Mishra, argued that no police custody can be granted beyond the first 15 days from the date of arrest. He refuted the CBI's claim that Mishra had purposely got himself admitted to the hospital to avoid custody. Mr. Kaul further submitted that during Mishra's custody in another case from 08.04.2022 to 18.04.2022, he was extensively interrogated in the present case as well. Additionally, while on interim bail, Mishra had cooperated with the CBI and had been interrogated by them.
Analysis :
The Court acknowledged that due to Mishra's interim bail, the CBI was unable to fully exercise the police custody remand granted by the Special Court. It took note of the Special Court's observations about the need for judicial detention to ensure proper investigation and non-cooperation by Mishra. As a result, the Court believed that its earlier ruling that there cannot be police custody beyond 15 days from the date of arrest, as seen in Anupam J. Kulkarni case, should be reconsidered.
The Court found that the CBI could only interrogate Mishra for two and a half days during the period of police remand granted on 16.04.2021, leaving them unable to utilize the full seven days of police custody remand. As a result, the Court granted the CBI the right to have police custody remand of Mishra for four days.
Click Here to: Download/View Related File
TAGS: CBI FIR Vikas Mishra arrest bail custody hospital charge sheet default bail ASG Neeraj Kishal Kaul police custody interrogation Special Court Calcutta High Court Apex Court Anupam J. Kulkarni.
