✦ Supreme Court of India

MITHABHAI PASHABHAI PATEL & Ors. v. STATE OF GUJARAT

Case at a glance

Outcome

Allowed

The appeal is allowed

Judgment

custody of the court. They could not be taken in custody ordinarily unless their bail was cancelled. The High Court was not correct in holding that as further investigation was required, sub-section (2) of Section 167 of the Code gives ample power for grant of police remand. The G distinction between the power of remand in terms of sub section (2) of Section 167 and sub-section (2) of Section 309 of the Code is apparent. [Paras 23, 24] [1137-E-G] Raghubir Singh and oth.ers v. State of Bihar (1986) 4 H 1128 SUPREME COURT REPORTS [2009] 7 S.C.R. A SCC 481; CBI v. Anupam J. Kulkarni (1992) 3 SCC 141; State v. Dawood Ibrahim Kaskar 8 c

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: The appeal is allowed

Which statutory provisions did this judgment involve?

Code of Criminal Procedure, 1973 — ss. 173, 482; Constitution of India — arts. 32, 142, 226; Indian Penal Code, 1860; Bombay Police Act — s. 135.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Supreme Court of India or eCourts case status (search case no. Criminal Appeal No. 941 of 2009). ← Search more judgments