What was the main legal point in CBI v. Vikas Mishra (2024)?

The Supreme Court considered whether police custody can be granted even after 15 days from the date of arrest, in the context of Section 167(2) CrPC and default bail.

How does this case relate to Anupam J. Kulkarni (1992)?

The Court noted that the rule in Anupam J. Kulkarni limiting police custody to the first 15 days may need reconsideration when investigation is genuinely hindered, such as by hospitalisation.

Did the accused get default bail?

No. Although the High Court granted bail for alleged delay, the Supreme Court set it aside and permitted limited police remand to aid investigation.

Why did the Court allow police remand after 15 days here?

Because the accused’s hospitalisation and conduct obstructed effective interrogation during the initial period; the Court allowed a short, four-day remand.

Which laws were involved in the case?

Section 167(2) of the CrPC on remand and default bail; IPC Sections 120B and 409; and the Prevention of Corruption Act.

Central Bureau of Investigation v. Vikas Mishra

Supreme Court of India India 2024 CrPC / IPC / PC Act ~6 min read

Author: Gulzar Hashmi Location: India Published: 19-Jul-2024 Slug: central-bureau-of-investigation-v-vikas-mishra

Criminal Procedure Code, 1973 (CrPC) Indian Penal Code, 1860 (IPC)

Central Bureau of Investigation v. Vikas Mishra

PRIMARY_KEYWORDS

police custody beyond 15 days Section 167(2) CrPC CBI v Vikas Mishra 2024

SECONDARY_KEYWORDS

default bail Anupam J. Kulkarni CrPC 15-day rule IPC 120B IPC 409 Prevention of Corruption Act

AUTHOR_NAME: Gulzar Hashmi

PUBLISH_DATE: 19-Jul-2024

LOCATION: India

Quick Summary

This case asks a key question: Can police custody be allowed after the first 15 days from arrest? The Supreme Court said that in rare situations—like when the investigation was genuinely blocked—the court can permit short police custody even later. Here, the accused’s long hospital stay and uncooperative conduct meant the CBI could not question him properly earlier. So the Court allowed a limited four-day police remand.

High Court granted bail for non-filing within 90 days; Supreme Court set it aside.
The well-known rule in Anupam J. Kulkarni (1992) was flagged for reconsideration in such special facts.

Issues

Whether police custody can be granted even after the expiry of 15 days from the date of arrest under Section 167(2) CrPC?
Whether default bail was rightly granted when investigation time was lost due to the accused’s hospitalisation and conduct?

Rules

Section 167(2) CrPC: governs police/judicial custody and default bail when charge-sheet is not filed in time.
Anupam J. Kulkarni (1992): police custody ordinarily limited to the first 15 days from arrest.
IPC Sections 120B & 409 and Prevention of Corruption Act offences were under probe.

Note: The Court signalled that Kulkarni may require fresh look where bona fide investigation was practically impossible within the first 15 days.

Facts (Timeline style)

chronological

Timeline graphic for the investigation and custody events

CBI registered cases under IPC 120B, 409 and PC Act against officials.

Accused arrested; sent to 7 days police custody.

Accused hospitalised; CBI could not interrogate; interim bail granted.

Interim bail later cancelled; accused sent to judicial custody.

During judicial custody, accused remained in hospital most of the time.

Accused sought default bail under Sec. 167(2)—non-filing within 90 days.

Special Court rejected default bail.

Calcutta High Court allowed bail; directed release.

CBI appealed; Supreme Court set aside High Court order and allowed 4 days police remand.

Arguments

Appellant (CBI)

Effective questioning was blocked by the accused’s hospitalisation and conduct.
Default bail should not reward obstruction; investigation remained bona fide.
Court may allow limited police custody even after 15 days in rare, justified cases.

Respondent (Accused)

Strict rule from Anupam J. Kulkarni: police custody ends after day 15.
90-day limit crossed—default bail automatic; delay not the accused’s fault.
Health-related hospitalisation should not justify fresh police custody.

Judgment

The Supreme Court allowed the appeal. It found that the accused had misused liberty and remained uncooperative, which blocked meaningful interrogation. The Court permitted four days of police custody to the CBI to complete interrogation.

Ratio

Courts may, in exceptional situations, allow short police custody beyond 15 days where interrogation was genuinely impossible earlier (e.g., continuous hospitalisation).
Anupam J. Kulkarni principle may need re-examination to prevent misuse and to protect effective investigation.

Why It Matters

The ruling balances two things: the accused’s liberty and the society’s need for serious, corruption-related investigations. It warns against tactical delays and ensures that default bail does not become a tool to defeat inquiry.

Key Takeaways

Default bail is not a reward for obstruction.
Hospitalisation does not automatically shield from police questioning.
Courts may order short, focused remand post-15 days in rare cases.

Kulkarni (1992) rule is not a licence to misuse process.
Investigation rights and personal liberty must be carefully balanced.

Mnemonic + 3-Step Hook

Mnemonic: “H-O-T 15” — Hospitalised, Obstruction, Tailored remand after 15.

Hospitalisation blocked real interrogation.
Obstruction by conduct defeats default bail claim.
Tailored 4-day police remand allowed beyond 15 days.

IRAC Outline

Issue	Rule	Analysis	Conclusion
Police custody beyond 15 days?	Sec. 167(2) CrPC; Anupam J. Kulkarni (1992)	Initial period wasted due to hospitalisation; conduct hindered CBI. Rigid reading would reward obstruction.	Yes, in rare, justified facts; limited 4-day remand permitted.
Default bail entitlement?	90-day completion under Sec. 167(2)	Delay linked to the accused’s unavailability for questioning; investigation bona fide.	Default bail set aside by Supreme Court.

Glossary

Default Bail: Statutory right to bail when investigation is not completed within the prescribed time.
Police Custody: Custody with police for interrogation; distinct from judicial custody in jail.
Anupam J. Kulkarni (1992): Precedent stating police custody is generally limited to the first 15 days from arrest.