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Supreme Court of India Judgment Analysis – Vikas Mishra v/s CBI

Supreme Court of India Judgment Analysis – Vikas Mishra v/s CBI

  • Case Name: Criminal Appeal No. 957 of 2023
  • Justice Name: M.R. Shah and C.T. Ravikumar
  • Date of Verdict: April 10, 2023

Brief Facts:
– Vikas Mishra was arrested by CBI on April 16, 2021 and remanded to 7 days police custody.
– But he got admitted to hospital on April 18 and released on interim bail on April 21.
– His interim bail was cancelled on Dec 8, 2021 as he did not cooperate in investigation.
– He again got admitted in hospital during judicial custody between Dec 2021 – July 2022.
– Charge sheet filed against him on July 19, 2022.
– His default bail application under Section 167(2) CrPC was rejected by Special Judge but allowed by High Court.
– CBI appeals to Supreme Court seeking his police custody for remainder period of initial 7 days custody.

Submissions by CBI:
– They could not exercise full 7 days police custody granted on April 16, 2021 due to accused getting interim bail.
– Accused avoided interrogation and frustrated judicial process by getting hospitalized.
– They should be given remainder custody period to unearth truth.

Submissions by Vikas Mishra:
– No police custody can be granted beyond 15 days of arrest as per SC judgment in Anupam J Kulkarni case.
– He was hospitalized due to medical conditions, not to evade custody.
– He was already interrogated during judicial custody in another case.

– Court held that 15 days limit needs reconsideration, as higher courts can allow custody after 15 days of arrest.
– Facts show accused frustrated valid custody order by getting interim bail and hospitalization.
– Right of custodial interrogation is important to unearth truth, which accused purposely tried to frustrate.
– Allowing remainder custody would not give premium to accused for successfully avoiding interrogation.

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Key Takeaways:
– Police custody can be granted even after 15 days in exceptional cases like higher court allowing it after delay.
– Accused should not be allowed to play with investigation or court process through own conduct.
– Custodial interrogation is an important right to unearth truth.
– Courts will not allow frustration of judicial process or valid orders through manipulative tactics.

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