Supreme Court

Serious Fraud Investigation Office Vs. Rahul Modi & Ors.

L. Nageswara Rao, B. R. Gavai, JJ.

2022 III AD (S.C.) 127

Code of Criminal Procedure, 1973 - Sec. 167(2) - Companies Act 2013 - Sec. 439(2),212(5),212(c),447 - Limited Liability Partnership Act 2008 - Sec 43(2)(3)(c)(i) - Indian Penal Code 1860 - Sec. 120- B,417,418,420,406.463,467,468,471,474 - Default Bail : Cognizance not taken before expiry of 60 days or 90 days, from the date of remand : Filing of charge sheet is sufficient compliance with provisions of section 1677,Criminal procedure code & accused cannot demand release on default bail under section 167(2) of Code on ground that cognizance has not been taken before expiry of 60 days : Accused continues to be in custody of Magistrate till such time cognizance is taken by court trying the offence, which assumes custody of accused for purpose of remand after cognizance is taken : Conclusion of High Court that accused cannot be remanded beyond period of 60 days under section 167 of Code & that further remand could only be at the post- cognizance stage , is not correct in view of judgment of this court in Bhikamchand Jain : Order passed by High Court set aside.

Serious Fraud Investigation Office Vs. Rahul Modi & Ors.

L. Nageswara Rao, B. R. Gavai, JJ.

2022 III AD (S.C.) 127

Code of Criminal Procedure, 1973 - Sec. 167(2) - Companies Act 2013 - Sec. 439(2),212(5),212(c),447 - Limited Liability Partnership Act 2008 - Sec 43(2)(3)(c)(i) - Indian Penal Code 1860 - Sec. 120- B,417,418,420,406.463,467,468,471,474 - Default Bail : Cognizance not taken before expiry of 60 days or 90 days, from the date of remand : Filing of charge sheet is sufficient compliance with provisions of section 1677,Criminal procedure code & accused cannot demand release on default bail under section 167(2) of Code on ground that cognizance has not been taken before expiry of 60 days : Accused continues to be in custody of Magistrate till such time cognizance is taken by court trying the offence, which assumes custody of accused for purpose of remand after cognizance is taken : Conclusion of High Court that accused cannot be remanded beyond period of 60 days under section 167 of Code & that further remand could only be at the post- cognizance stage , is not correct in view of judgment of this court in Bhikamchand Jain : Order passed by High Court set aside.

Serious Fraud Investigation Office Vs. Rahul Modi & Ors.

L. Nageswara Rao, B. R. Gavai, JJ.

2022 III AD (S.C.) 127

Code of Criminal Procedure, 1973 - Sec. 167(2) - Companies Act 2013 - Sec. 439(2),212(5),212(c),447 - Limited Liability Partnership Act 2008 - Sec 43(2)(3)(c)(i) - Indian Penal Code 1860 - Sec. 120- B,417,418,420,406.463,467,468,471,474 - Default Bail : Cognizance not taken before expiry of 60 days or 90 days, from the date of remand : Filing of charge sheet is sufficient compliance with provisions of section 1677,Criminal procedure code & accused cannot demand release on default bail under section 167(2) of Code on ground that cognizance has not been taken before expiry of 60 days : Accused continues to be in custody of Magistrate till such time cognizance is taken by court trying the offence, which assumes custody of accused for purpose of remand after cognizance is taken : Conclusion of High Court that accused cannot be remanded beyond period of 60 days under section 167 of Code & that further remand could only be at the post- cognizance stage , is not correct in view of judgment of this court in Bhikamchand Jain : Order passed by High Court set aside.

Serious Fraud Investigation Office Vs. Rahul Modi & Ors.

L. Nageswara Rao, B. R. Gavai, JJ.

2022 III AD (S.C.) 127

Code of Criminal Procedure, 1973 - Sec. 167(2) - Companies Act 2013 - Sec. 439(2),212(5),212(c),447 - Limited Liability Partnership Act 2008 - Sec 43(2)(3)(c)(i) - Indian Penal Code 1860 - Sec. 120- B,417,418,420,406.463,467,468,471,474 - Default Bail : Cognizance not taken before expiry of 60 days or 90 days, from the date of remand : Filing of charge sheet is sufficient compliance with provisions of section 1677,Criminal procedure code & accused cannot demand release on default bail under section 167(2) of Code on ground that cognizance has not been taken before expiry of 60 days : Accused continues to be in custody of Magistrate till such time cognizance is taken by court trying the offence, which assumes custody of accused for purpose of remand after cognizance is taken : Conclusion of High Court that accused cannot be remanded beyond period of 60 days under section 167 of Code & that further remand could only be at the post- cognizance stage , is not correct in view of judgment of this court in Bhikamchand Jain : Order passed by High Court set aside.

Serious Fraud Investigation Office Vs. Rahul Modi & Ors.

L. Nageswara Rao, B. R. Gavai, JJ.

2022 III AD (S.C.) 127

Code of Criminal Procedure, 1973 - Sec. 167(2) - Companies Act 2013 - Sec. 439(2),212(5),212(c),447 - Limited Liability Partnership Act 2008 - Sec 43(2)(3)(c)(i) - Indian Penal Code 1860 - Sec. 120- B,417,418,420,406.463,467,468,471,474 - Default Bail : Cognizance not taken before expiry of 60 days or 90 days, from the date of remand : Filing of charge sheet is sufficient compliance with provisions of section 1677,Criminal procedure code & accused cannot demand release on default bail under section 167(2) of Code on ground that cognizance has not been taken before expiry of 60 days : Accused continues to be in custody of Magistrate till such time cognizance is taken by court trying the offence, which assumes custody of accused for purpose of remand after cognizance is taken : Conclusion of High Court that accused cannot be remanded beyond period of 60 days under section 167 of Code & that further remand could only be at the post- cognizance stage , is not correct in view of judgment of this court in Bhikamchand Jain : Order passed by High Court set aside.

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