Mithabhai Pashabhai Patel & Ors vs State Of Gujarat

The Supreme Court addressed the issue of whether police custody of accused can be sought after cognizance of the offence has been taken, specifically under Section 167(2) of the Code of Criminal Procedure, 1973. The Court held that the Special Investigation Team (SIT) must first seek cancellation of the bail granted by the High Court before requesting police remand, as the accused were already on bail. The judgment clarified that police remand cannot be granted without addressing the existing bail conditions.