Suresh Kumar Bhikamchand Jain vs State Of Maharashtra & Anr

The Supreme Court addressed the issue of bail rights under Section 167(2) of the Code of Criminal Procedure, 1973, holding that once the statutory period of 90 days has lapsed without cognizance being taken due to lack of sanction, the accused cannot be remanded to custody. The Court emphasized that remand orders made beyond this period are invalid and the accused is entitled to be released on bail. The judgment clarifies the limitations on the Magistrate's power to remand under the Cr.P.C. and the implications of the Prevention of Corruption Act, 1988.