New Delhi, April 10
Describing the right of custodial interrogation as a very important right of a probe agency to unearth the truth, the Supreme Court on Monday said no accused can be permitted to frustrate the judicial process by his conduct.
The ruling came from a Bench led by Justice MR Shah on the CBI’s appeal challenging a Calcutta High Court September 30, 2022 verdict ordering the release of an accused on default bail under section 167(2) of the Code of Criminal Procedure (CrPC).
The top court allowed the CBI to have the custody of accused Vikas Mishra for four days on the ground that following an April 16, 2021 order of a special judge the probe agency was granted his remand for seven days but it interrogated him only for two-and-a-half-day and could not to exercise the right of interrogation for the full period of seven days.
Noting that it’s true that in Anupam J Kulkarni’s case the top court had observed there cannot be any police custody beyond 15 days from the date of arrest, the Bench said, “In our opinion, the view taken by this court in the case of Anupam J Kulkarni requires re-consideration.”
Terming the facts of the case as “very glaring”, the Bench said despite the fact that the special judge had allowed the CBI custody of the accused for seven days, he got himself admitted in a hospital on April 18, 2021 and obtained interim bail on April 21, 2021 which came to be extended till December 8, 2021.
It noted that his interim bail was cancelled by the special judge on observing that he had misused the liberty given to him, and during the interim bail, he did not cooperate with the probe agency.
“No accused can be permitted to play with the investigation and/or the court’s process. No accused can be permitted to frustrate the judicial process by his conduct,” it said.
“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. Therefore, by not permitting the CBI to have the police custody interrogation for the remainder period of seven days, it will be giving a premium to an accused who has been successful in frustrating the judicial process,” the top court said.
In November 2020, an FIR/complaint came to be registered by the CBI (ACB, Kolkata) against the officials of Eastern Coalfields Limited, the CISF, the Railways and others for the commission of alleged offences including those of criminal conspiracy under the Indian Penal Code as well as under the relevant provisions of the Prevention of Corruption Act. The accused was arrested by the CBI on April 16, 2021 and remanded in custody for seven days till April 22, 2021.
It noted that after his interim bail was cancelled on December 8, 2021, he was arrested again on December 11, 2021 and was remanded in judicial custody.
The bench said later, the accused sought default bail under section 167(2) CrPC on the ground of non-filing of the charge sheet within the prescribed period of 90 days and the special judge rejected his plea.
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