SERIOUS FRAUD INVESTIGATION OFFICE versus RAHUL MODI & ORS.

SERIOUS FRAUD INVESTIGATION OFFICE versus RAHUL MODI & ORS.

The appeal is allowed on the ground that filing of the charge-sheet within the statutory period is sufficient compliance with Section 167(2), CrPC and an accused cannot claim default/statutory bail merely because cognizance was not taken before the expiry of the statutory period; once charge-sheet is filed within the period the right to statutory bail ceases.

Parties
Appellant: Serious Fraud Investigation Office; Respondent: Rahul Modi & Ors.
Jurisdiction
India
Judgment Date
07 February 2022
Procedural Posture
Criminal Appeal / Appeal From High Court Order Dated 31.05.2019 Granting Bail to Respondents
Outcome
Appeals allowed; High Court order granting bail set aside.
Legal Topics
Statutory Bail Under Section 167(2), Cr PC, Remand and Custody, Cognizance and Charge Sheet Filing
Criminal Procedure Criminal Law Company Law Statutory Bail Under Section 167(2), Cr PC Remand and Custody Cognizance and Charge Sheet Filing

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Parties

Serious Fraud Investigation Office

Appellant

Rahul Modi & Ors.

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Order Dated 31.05.2019 Granting Bail to Respondents

Legal Issues

  1. 1 Whether an accused is entitled to statutory (default) bail under Section 167(2), CrPC on the ground that cognizance has not been taken before expiry of the statutory period (60 or 90 days)

Ratio Decidendi

The appeal is allowed on the ground that filing of the charge-sheet within the statutory period is sufficient compliance with Section 167(2), CrPC and an accused cannot claim default/statutory bail merely because cognizance was not taken before the expiry of the statutory period; once charge-sheet is filed within the period the right to statutory bail ceases.

Court Disposition

Appeals allowed; High Court order granting bail set aside.

Orders

  • Impugned order dated 31.05.2019 of the High Court is set aside.
  • Criminal Appeals Nos. 185-186 of 2022 are allowed.