MANUBHAI RATILAL PATEL TR.USHABEN vs STATE OF GUJARAT .

The Supreme Court addressed the legality of the detention of the accused under Sections 467, 468, 471, 409, and 114 IPC, emphasizing that once a stay order on investigation is issued by the High Court under Section 482 of the Code of Criminal Procedure, the Magistrate cannot remand the accused to custody under Section 167(2) of the Code. The Court held that the detention was illegal due to the pending quashing petition and the stay order, thereby granting bail to the accused. This judgment clarifies the interplay between High Court orders and the powers of the Magistrate regarding custody during ongoing proceedings.