Case Law Details
Serious Fraud Investigation Office Vs Rahul Modi (Supreme Court of India)
Conclusion: The indefeasible right of an accused to seek statutory bail under Section 167(2), CrPC arose only if the charge-sheet had not been filed before the expiry of the statutory period.
Held: In the instant case, investigation was directed to be conducted into the affairs of Adarsh Group of Companies and LLPs by the Central Government in exercise of the powers conferred under Section 212(1)(c) of the Companies Act, 2013 and subsections (2) and (3)(c)(i) of Section 43 of the Limited Liability Partnership Act, 2008. Appeal filed against the order dated 31.05.2019 passed by the High Court of Punjab and Haryan granting bail to assessee was assaulted in this Appeal by the Serious Fraud Investigation Office (“SFIO”). It was held that the indefeasible right of an accused to seek statutory bail under Section 167(2), CrPC arose only if the charge-sheet had not been filed before the expiry of the statutory period. This Court expressed its view that non-filing of the charge-sheet within the statutory period was the ground for availing the indefeasible right to claim bail under Section 167(2), CrPC. The conundrum relating to the custody of the accused after the expiry of 60 days had also been dealt with by this Court in Bhikamchand Jain. It was made clear that the accused remains in custody of the Magistrate till cognizance was taken by the relevant court. As the issue that arises for consideration in this case was squarely covered by the judgment in Bhikamchand Jain, the order passed by the High Court on 31.05.2019 was hereby set aside.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
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