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Supreme Court of India 2019-03-27 allowed

Serious Fraud Investigation Office vs Rahul Modi and Another Etc

Bench: 2 — Abhay Manohar Sapre, Uday Umesh Lalit

In Brief

The Supreme Court set aside a Delhi High Court order that had granted interim bail to two SFIO suspects (Rahul Modi and Mukesh Modi) arrested in a corporate fraud investigation. The core issue was whether the arrest remained lawful after the three-month investigation period specified in the initial government order had expired. The Court held that the time stipulation is merely directory, not mandatory: SFIO's power to investigate and arrest persists until the final investigation report is submitted, regardless of any prescribed deadline. Additionally, the Court ruled that a valid remand order by a competent magistrate cannot be challenged via habeas corpus petition; the legality of detention must be assessed at the date of the petition's hearing, not initiation. The Court thus restored the accused to custody pending proper trial procedures.

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Criminal Procedure Habeas Corpus Corporate Law Fraud Investigation SFIO Remand Investigative Authority Constitutional Law Statutory Interpretation

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