Supreme Court · 2009 INSC 711 · Decided 6 May 2009

Mithabhai Pashabhai Patel and Others v. State of Gujarat

Court
Supreme Court of India
Citation
2009 INSC 711 · [2009] 7 S.C.R. 1126
Case number
CRIMINAL APPEAL No. 941/2009
Decided
6 May 2009
Bench
S.B. SINHA, MUKUNDAKAM SHARMA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
CrPC Section 167, 309, 173, 482; Constitution Article 142, 226, 32

Headnote

Code of Criminal Procedure, 1973: ss. 167, 309 - Power of remand - Held: The Court can -f ' c exercise power of remand u/s. 167(2) when investigation is not complete - Once chargesheet is filed and cognizance of offence is taken, Court cannot exercise its power uls. 167(2) and then s.309(2) is appellant were granted bail - They could not be taken into custody ordinarily D unless their bail was cancelled - High Court was not correct in holding that as further investigation was required, s.167(2) gives ample power for grant of police remand - Constitution of India, 1950 - Article 142. The

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