In Brief
The Serious Fraud Investigation Office challenged a High Court order granting statutory bail to two directors of the Adarsh Group on the ground that cognizance had not been taken within 60 days of remand. The Supreme Court held that statutory bail under Section 167(2) of the CrPC is available only if a charge-sheet is not filed within the prescribed period—not if cognizance is delayed. Since the charge-sheet was filed before the 60-day deadline, the accused had no right to statutory bail regardless of when cognizance was taken. The accused remains in the Magistrate's custody until the trial court takes cognizance and assumes custody. The High Court's order was set aside and the appeal allowed.
The lawyer headnote and full judgment text are available to registered users.