Supreme Court of India
Mithabhai Pashabhai Patel and Others v. State of Gujarat
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3 Supreme Court benches have cited this judgment.
From the 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 attracted - On facts, appellant were granted bail - They could not be taken into custody ordinarily 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 -
Authorities it was built on
Where later benches applied it
- 2019 Pradeep Ram v. The State of Jharkhand & Anr.
- 2011 State of Punjab v. Central Bureau of Investigation & Ors.
- 2012 Vinay Tyagi v. Irshad Ali @ Deepak & Ors.
Of those, 2 referred to · 1 mentioned
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