Pogadadabnda Revathi v. State of Telangana; 2026 INSC 75 -CrPC/BNSS- Remand - Accused On Bail
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Bail - When an accused is enlarged on bail, police custody cannot be granted so long as the order of bail continues to operate - Where the investigating agency seeks police remand of an accused who has already been enlarged on bail, the proper and legally permissible course is to first seek cancellation of bail in accordance with law and only thereafter apply for police custody. The scheme of criminal procedure does not countenance the grant of police remand of an accused who continues to enjoy the protection of bail, as such a course would effectively defeat and nullify the order granting bail. (Para 17-19)
Case Info
Pogadadabnda Revathi & Anr. v. State of Telangana; 2026 INSC 75.
Case Details
- Case name: Pogadadabnda Revathi & Anr. v. State of Telangana.
- Neutral citation: 2026 INSC 75.
- Coram: Vikram Nath, J. and Sandeep Mehta, J. (Mehta, J. authored the judgment).
- Judgment date: January 09, 2026; New Delhi.
Case laws and citations
- Satyajit Ballubhai Desai v. State of Gujarat, (2014) 14 SCC 434.
Statutes / laws referred
- Information Technology Act, 2000: Section 67.
- Bharatiya Nyaya Sanhita, 2023: Sections 352 and 353(2) [corresponding to IPC Sections 504 and 505(2)].
- Bharatiya Nagarik Suraksha Sanhita, 2023: Section 187 corresponding to CrPC Section 167].
When an accused is enlarged on bail, police custody cannot be granted so long as the order of bail continues to operate.#SupremeCourt https://t.co/42kK3zR88l pic.twitter.com/61QG1Yamex
— CiteCase 🇮🇳 (@CiteCase) January 20, 2026