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of <h1>Supreme Court grants CBI's request for extended custody, stressing importance of custodial interrogation.</h1> <h3>Central Bureau of Investigation Versus Vikas Mishra @ Vikash Mishra</h3> Central Bureau of Investigation Versus Vikas Mishra @ Vikash Mishra - TMI Issues Involved:1. Legality of the High Court's order granting statutory/default bail under Section 167(2) Cr.P.C.2. Validity of the CBI's request for police custody remand beyond the initial 15 days from the date of arrest.Summary:Issue 1: Legality of the High Court's Order Granting Statutory/Default BailThe Supreme Court examined the High Court of Calcutta's decision to release the respondent-accused on statutory/default bail under Section 167(2) Cr.P.C. The High Court had allowed the application for default bail on the grounds that the charge sheet was not filed within the prescribed 90 days from the date of rearrest on 11.12.2021, and the charge sheet was only filed on 19.07.2022. The Supreme Court noted that the Special Judge had initially rejected the application for default bail, stating that the accused was not remanded to custody under Section 167(2) Cr.P.C. after the cancellation of his interim bail. The High Court's decision to grant default bail was contested by the CBI, leading to the present appeal.Issue 2: Validity of the CBI's Request for Police Custody RemandThe CBI argued that it should be allowed to complete the police custody remand of seven days initially granted on 16.04.2021, which was interrupted by the accused's hospitalization and subsequent interim bail. The CBI contended that the accused had frustrated the judicial process by getting hospitalized and evading interrogation. The respondent's counsel opposed this, citing the Supreme Court's decisions in Central Bureau of Investigation v. Anupam J. Kulkarni and Budh Singh v. State of Punjab, which state that police custody cannot extend beyond the first 15 days from the date of arrest.The Supreme Court considered the Special Judge's observations while canceling the interim bail, which highlighted the accused's non-cooperation and misuse of bail. The Court questioned the respondent's counsel on scenarios where police custody might be erroneously denied within the first 15 days and subsequently granted by a higher court, to which no satisfactory answer was provided.The Court acknowledged the importance of custodial interrogation for the investigating agency and noted that the accused had successfully avoided full police custody through hospitalization and interim bail. The Court emphasized that no accused should be allowed to frustrate the judicial process.Conclusion:The Supreme Court allowed the appeal, permitting the CBI to have police custody remand of the respondent for four days, considering the previous incomplete period of interrogation. The Court underscored the necessity of custodial interrogation and the accused's deliberate evasion of the same. The appeal was thus allowed to the specified extent.
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