Case Note & Summary
The case involved appeals against the Bombay High Court's order granting default bail to the respondents under Section 167(2)(a)(ii) of the Code of Criminal Procedure, 1973 (CrPC). The respondents were arrested on 14.05.2020 for alleged offences under the Prevention of Money Laundering Act, 2002 and were remanded on the same day. The Enforcement Directorate filed a complaint on 11.07.2020, with a physical copy submitted on 13.07.2020. The respondents argued that the 60-day period for default bail expired on 12.07.2020, while the Special Judge ruled that the period should be computed from 15.07.2020, excluding the remand date. The High Court disagreed, stating that the filing of the charge sheet on 13.07.2020 entitled the respondents to default bail. The Supreme Court noted the divergence of opinions on whether the remand date should be included or excluded in the computation of the period for default bail, referencing various precedents. The Court decided to refer the matter to a larger bench for a definitive ruling to resolve the conflicting views and ensure uniform application of the law across courts. The Court also directed that the matter be placed before a bench of three judges for consideration of the interim prayer for the respondents, as the High Court's bail order had been stayed.
Headnote
A) Criminal Procedure - Default Bail - Computation of Remand Period - Section 167(2)(a)(ii) Code of Criminal Procedure, 1973 - The core issue was whether the day of remand should be included or excluded in the computation of the 60-day period for default bail. The High Court's decision to exclude the remand date was challenged, leading to a referral to a larger bench for authoritative guidance on the conflicting interpretations of the law (Paras 3-9).
Issue of Consideration
Whether the day of remand is to be included or excluded while computing the period for default bail under Section 167(2)(a)(ii) of the CrPC.
Final Decision
The Supreme Court referred the issue of default bail computation to a larger bench for authoritative clarification, directing the Registry to place relevant documents before the Chief Justice for constituting a bench of at least three judges.
Law Points
- Default bail
- Computation of remand period
- Section 167(2)(a)(ii) CrPC
- Judicial conundrum
- Legislative intent
