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2023 Supreme(SC) 336

M. R. SHAH, C. T. RAVIKUMAR
Central Bureau of Investigation – Appellant
Versus
Vikas Mishra @ Vikash Mishra – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Tushar Mehta, Solicitor General Mrs. Aishwarya Bhati, A.S.G. Mr. Vatsal Joshi, Adv. Mr. Kanu Agarwal, Adv. Ms. Ameyavikrama Thanvi, Adv. Ms. Deepabali Dutta, Adv. Mr. Arvind Kumar Sharma, AOR
For the Respondent(s): Mr. Rajat Sehgal, AOR Mr. Abhir Datt, Adv. Mr. Samyak Jain, Adv. Mr. Debayan Gangopadhyay, Adv. Ms. Aarzoo Aneja, Adv.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 30.09.2022 passed by the High Court of Calcutta in Criminal Miscellaneous Application No. 1638/2022, by which the Division Bench of the High Court has directed to release the respondent-accused on statutory/default bail under Section 167(2) of the Code of Criminal Procedure (Cr.P.C.) the Central Bureau of Investigation (CBI) has preferred the present appeal.

2. The facts leading to the present appeal in nutshell are as under:

    That on 27.11.2020, an FIR/complaint came to be registered by the CBI (ACB, Kolkata) against inter-alia the officials of Eastern Coalfield Limited, CISF, Railways and others for the commission of offences under sections 120B/409 of the IPC and the relevant provisions of the Prevention of Corruption Act. That on 16.04.2021, the respondent- accused Vikas Mishra came to be arrested by the CBI and was remanded to the CBI custody for a period of seven days i.e. till 22.04.2021. However, during the said period of remand to CBI custody, the respondent-accused Vikas Mishra was admitted in the hospital and thus could not be interrogated by the CBI despite police custo


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