SURESH KUMAR BHIKAMCHAND JAIN vs STATE OF MAHARASHTRA & ANR.

The Supreme Court addressed the issue of an accused's right to bail under Section 167(2) of the Code of Criminal Procedure, 1973, holding that once the statutory period of 90 days has lapsed without taking cognizance due to lack of sanction, the accused cannot be remanded to custody. The Court emphasized that remand orders cannot continue indefinitely without cognizance being taken, as mandated by Section 309 Cr.P.C. The Court ultimately directed the Special Judge to expedite the hearing on framing charges against the petitioner.