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2009 (5) TMI 1004 - SC - Indian LawsValidity of Bail granted already - Whether with the change of an investigating authority, police custody of the accused on remand can be sought for, although cognizance of the offence had already been taken? - HELD THAT:- The power of remand in terms of the aforementioned provision is to be exercised when investigation is not complete. Once charge-sheet is filed and cognizance of the offence is taken, the court cannot exercise its power under Sub-section (2) of Section 167 of the Code. Appellants had been granted bail. They are not in custody of the court. They could not be taken in custody ordinarily unless their bail was cancelled. The High Court, in our opinion, 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. Furthermore in this case the Special Investigating Team has already submitted its report to this Court. Nothing has been pointed out before us as to why even the bail granted to the appellants should be cancelled so as to enable us to consider that question independently. No sufficient or cogent material has been placed on record by the State or the Special Investigating Team in this behalf. Thus, the impugned judgment cannot be sustained which is set aside accordingly. The appeal is allowed.
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