SATYAJIT BALLULBHAI DESAI & ORS. versus STATE OF GUJARAT

Citation: [2013] 5 S.C.R. 1 · Decided: 20-07-2012 · Supreme Court of India · Bench: G.S. SINGHVI · Disposal: Appeal(s) allowed
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Judgment (excerpt)

[2013] 5 S.C.R. 1 
SATYAJIT BALLULBHAI DESAI & ORS. 
v. 
STATE OF GUJARAT 
(Criminal Appeal No. 1158 of 2012) 
JULY 20, 2012 
[G. S. SINGHVI, GYAN SUDHA MISRA, JJ.] 
CODE of CRIMINAL PROCEDURE, 1973: 
A 
B 
s. 167 r/w s. 57 - Remand of accused in police custody c 
- On revival of complaint at the instance of a third party and 
after accused were enlarged on bail by High Court - Held: 
Grant of order for police remand should be an exception and 
not a rule and for that investigating agency is required to 
make out a strong case and must satisfy the Magistrate that 0 
without police custody it would be impossible for police 
authorities to undertake further investigation -
Order 
permitting police remand cannot be treated lightly or casually 
and strict adherence to the statutory provision is mandatory. 
s. 167 rlw s. 57 - Police remand - Held: In the instant 
E 
case, the order for police remand of appellants cannot be 
sustained for: (i) courts below have overlooked the fact that 
complainant had entered into a compromise with the alleged 
accused/appellant in the civil suit and had withdrawn the 
complaint which was later revived at the instance of a third 
F 
party who had nothing to do with the complaint and (ii) High 
Court had granted bail to appellants which clearly had a 
bearing on the plea seeking police remand -
Disclosure of 
reasons by magistrate allowing police remand specially in a 
matter when accused has been enlarged on bail by High 
G 
Court is all the more essential - Constitution of India, 1950 
-Art. 21. 
s. 167 - Police remand after accused had been granted, 
1 
H 
2 
SUPREME COURT REPORTS 
[2013) 5 S.C.R. 
A bail by High Court - Procedure - Held: Correct course for 
investigating authorities should have been to approach the 
High Court as power of Magistrate to grant police remand after 
the accused has been granted bail by the High Court, would 
cease to exist -
Therefore, High Court as also Judicial 
s Magistrate were not legally justified in permitting police 
remand of appellants even for three days in the wake of the 
existing facts and features of the matter -
Impugned order 
passed by High Court as also that passed by Judicial 
Magistrate, permitting police remand of the appellants are set 
c aside-Practice and Procedure. 
s. 57 rlw s. 167 CrPC and Art. 22(2) - Detention of a person 
by police and period of remand in police custody - Discussed 
- Constitution of India, 1950 - Arts. 21 and 22(2). 
D 
A complaint for offences punishable u/ss 406, 420, 
467, 468, 471, 504, 506(2) and 114, IPC was lodged against 
the appellants alleging that on the death of the husband 
of the complainant and his brothers, appellant no. 1 
forged and created a bogus power of attorney in the 
E name of a fictitious person and got executed a registered 
sale deed in respect of her lands in favour of a third party 
without her knowledge. The complaint was registered as 
M. Case 1/2004. The complainant also filed a suit against 
appellant no. 1 which was compromised. The 
F complainant and appellant no. 1 then appeared before 
the Judicial Magistrate and on their request, the Judicial 
Magistrate directed the Deputy Superintendent of Police 
to return the complaint. However, the petition filed by a 
stranger challenging the order of the Judicial Magistrate, 
• 
G having been allowed by the High Court, complaint case 
M. Case 1/2004 got revived. Thereupon, the appellants 
approached the High Court and they were enlarged on 
regular bail. Six days thereafter, the D.S.P. filed an 
application before the Judicial Magistrate seeking police 
remand of the appellants for seven days in connection 
H 
SATYAJIT BALLULBHAI DESAI & ORS. v. STATE OF 
3 
GUJARAT 
with M. Case 1/2004. The Judicial Magistrate allowed A 
police remand of the appellants for three days. The High 
Court upheld the said order of remand. 
Allowing the appeal, the Court. 
HELD: 1.1. Grant of order for police remand should 
B 
be an exception and not a rule and for that the 
investigating agency is required to make out a strong 
case and must satisfy the Magistrate that without the 
police custody it would be impossible for the police 
authorities to undertake further investigation and only in C 
that event police custody would be justified. It is to be 
borne in mind that detention in police custody is generally 
disfavoured by law. The scheme of s.167 of the Code of 
Criminal Procedure, 1973 is unambiguous in this regard 
and is intended to protect t
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