Central Bureau of Investigation (Appellant) Vs. Vikas Mishra (Respondent)

(CRIMINAL APPEAL NO. 957 OF 2023)

(2JB, C.T. Ravikumar and MR Shah JJ., delivered by Justice M.R. Shah)

Facts: Appeal preferred against the judgment of the Calcutta high court by which it has directed to
release the respondent (accused under sections 120 B/409 of the IPC and the relevant provisions of
the Prevention of Corruption Act) on default bail under Section 167(2) of the Cr.P.C.

Issue: Is the release of the respondent accused on default bail justified by law?
Arguments on behalf of counsel for appellant- CBI:Ms. Aishwarya Bhati (learned ASG).She submitted that during the period of remand granted to the CBI, accused got himself first admitted to hospital and thereafter got interim bail which came to be subsequently cancelled on 08.12.2021. As a result of this, the CBI could not exercise the police custody remand which was allowed by the learned Special Judge. She further submitted that nobody can be permitted to frustrate the court’s process.

Arguments on behalf of counsel for respondent- Vikas Mishra- Sr. Adv. Shri Neeraj Kishan Kaul, He opposed the submissions vehemently by relying on the cases of Central Bureau of Investigation v. Anupam J. Kulkarni (1992) and Budh Singh v. State of Punjab (2000) which stated that no police custody can be granted/allowed beyond the first 15 days from the date of arrest, rendering it impermissible. He further submitted that the respondent was hospitalised from time to time due to his grave and fragile medical condition, and one instance, the appellant agency itself got him admitted to the hospital owing to his deteriorating health. Therefore, rendering the allegations of using his health to evade arrest, baseless. Also submitted that investigation by the CBI itself is under challenge.

Held: The court allowed the appeal and directed the respondent to be remanded for 4 day custody to the CBI, holding that no accused can be permitted to frustrate the judicial process by his conduct.