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CASE BRIEF - 14.11.2024 by Ayush Kumar Sinha

The case involves Vikas Mishra, who applied for regular bail on the grounds of non-filing of a chargesheet within the 90-day period as stipulated by Section 167(2) of the Code of Criminal Procedure. Despite being hospitalized multiple times during custody, the Calcutta High Court ultimately granted bail, citing the lack of sufficient interrogation time for the CBI. The court ordered a four-day police remand for further interrogation, emphasizing the need to prevent misuse of legal provisions.

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12 views2 pages

CASE BRIEF - 14.11.2024 by Ayush Kumar Sinha

The case involves Vikas Mishra, who applied for regular bail on the grounds of non-filing of a chargesheet within the 90-day period as stipulated by Section 167(2) of the Code of Criminal Procedure. Despite being hospitalized multiple times during custody, the Calcutta High Court ultimately granted bail, citing the lack of sufficient interrogation time for the CBI. The court ordered a four-day police remand for further interrogation, emphasizing the need to prevent misuse of legal provisions.

Uploaded by

ayushkumarsinha148
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CASE BRIEF

BENCH – HON’BLE JUSTICE C.T. RAVIKIMAR


HON’ BLE JUSTICE M.R. SHAH

CRM (DB)/1638/2022

Case Title – CENTRAL BUREAU OF INVESTIGATION Vs. VIKAS


MISHRA

Case Details - The case here deals with Section 167(2) of the Code of Criminal
Procedure( herein referred as the Code). The respondents filing an application
of regular bail on the ground of non-filing of the chargesheet/report within the
prescribed periods of 90 days.

Facts – The respondent was arrested under Section 120b/209 of the Indian
Penal Code and relevant provision of the Prevention of Corruption Act , on
16.04.2021 because of the FIR filed on 27.11.2020. The respondent was
remanded to police custody on 16.04.2021 for seven days i.e. till 22.04.2021.
However , during the said time period , the respondent got himself hospitalised
and later , due to medical conditions , the interim bail was granted by th Special
Cort on 21.04.2021. On 8.12.2021, the Special Court cancelled the interim bail.
Then , the respondent was then arrested on 11.12.2021 and was remanded to
judicial custody. During that custody , the respondent got himself admitted in
hospital for two times, first one from 12.12.2021 to .08.04.2022 and second
from 07.05.2022 to 08.09.2022.
Then , the accused submitted an application for default bail , in the Special
Court , on ground of non-filling of chargesheet / report by the police within the
prescribed time period of 90 days. The learned Special Judge rejected the
application of bai. But later on, Calcutta High Court granted bail , on the same
ground.

Court Observed – The court , after the appeal , observed that the respondent
was time to time hospitalized due to his grave and fragile health. When the
respondent was remanded to police custody , on 08.11.2021, the CBI got seven
full days period to interrogate the respondent but during that the respondent got
admitted in hospital. After that the respondent got interim bail by the Special
Court . The police never got the time to complete the interrogation of the
accused. Thus , the respondent successfully avoided the full operation of order
of the police custody granted by the Special Court before the interim bail. The
respondent , hence, should not be allowed to play with the court processes and
misuse the provision of the Code.

Held By Court - The Court , in the view of above said reasons , granted a
police remand of four days to the respondent with a time period of two and half
days for interrogation to CBI , keeping in the consideration that the seven days
was given to the police by the learned Special Judge .

SUBMITTED BY AYUSH KUMAR SINHA

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