It so happened that before the seven days police custody is over and before the CBI exercises the power of interrogation for full seven days which as per the order passed by the learned Special Judge was available to the CBI, the respondent-accused got himself hospitalised on 18.04.2021. On 21.04.2021, the learned Special Judge granted interim bail to the accused. As per the settled position of law therefore once on bail/interim bail, during that period there cannot be any police custody. Therefore, the CBI could not interrogate the respondent-accused for full seven days under the police custody remand, which otherwise the CBI was entitled to. That thereafter, the accused remained in the hospital from time to 4 time during the interim bail which also came to be extended from time to time. That thereafter, by order dated 08.12.2021, the learned Special Judge cancelled the interim bail by observing that the respondent accused has misused the interim bail and has not cooperated with the CBI in investigation and that there was no valid reason for his hospitalization. It is true that in the case of Central Bureau of Investigation v. Anupam J. Kulkarni, reported in (1992) 3 SCC 141, this Court observed that there cannot be any police custody beyond 15 days from the date of arrest. In our opinion, the view taken by this Court in the case of Anupam J. Kulkarni (supra) requires re-consideration
[CBI v. Vikas Mishra, (2023) 6 SCC 49]
new facts knew after reading …..