The bench of Justices MR Shah and CT Ravikumar held that "It is true that in the case of  Central Bureau of Investigation Vs. Anupam J. Kulkarni (1992) 3 SCC 141, this Court observed that there cannot be any police custody beyond 15 days from the date of arrest. In our opinion, the view taken by this Court in the case of Anupam J. Kulkarni requires re-consideration."

The Court also held that "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 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."

Noting the facts, the Apex Court held that "That on 27.11.2020, an FIR/complaint came to be registered by the CBI (ACB, Kolkata) against inter alia the officials of Eastern Coalfield Limited, CISF, Railways and others for the commission of offences under sections 120B/409 of the IPC and the relevant provisions of the Prevention of Corruption Act. That on 16.04.2021, the respondent – accused Vikas Mishra came to be 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 of remand to CBI custody, the respondent – accused Vikas Mishra was admitted in the hospital and thus could not be interrogated by the CBI despite police
custody remand.

2.1 That on 21.04.2021, the respondent-accused was enlarged on interim bail by the learned Special Court which came to be extended from time to time. On 08.12.2021, the learned Special Court cancelled the Criminal Appeal No. 957/2023 interim bail of the respondent-accused on the ground that he did not appear before the Special Court despite specific directions and also did not cooperate with the CBI investigation. That on 09.12.2021 and pursuant to the interim bail being cancelled, the respondent-accused came to be arrested again on 11.12.2021 and was remanded to judicial custody. That again from 12.12.2021 to 08.04.2022, while in judicial custody, the accused got admitted to the hospital and then again from 07.05.2022 to 08.09.2022."

Case Details:-

CRIMINAL APPEAL NO. 957 OF 2023
Central Bureau of Investigation …Appellant
Versus
Vikas Mishra @ Vikash Mishra …Respondent

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Appearances of the Advocates

For Petitioner(s)

Mr. Tushar Mehta, Solicitor General
 Mrs. Aishwarya Bhati, A.S.G.
 Mr. Kanu Agarwal, Adv.
 Mr. Vatsal Joshi, Adv.
 Ms. Ameyavikrama Thanvi, Adv.
 Ms. Deepabali Dutta, Adv.
 Mr. Arvind Kumar Sharma, AOR

For Respondent(s)

Mr. Neeraj Kishan Kaul, Sr. Adv.
 Mr. Rajat Sehgal, AOR
 Mr. Abhir Datt, Adv.
 Mr. Anurag Rawal, Adv.
 Mr. Debayan Gangopadhyay, Adv.
 Ms. Aarzoo Aneja, Adv.
 Samyak Jain, Adv.