Enforcement Directorate, Government of India vs Kapil Wadhawan & Anr. etc.

Court

Supreme Court of India

Date

23 February 2021

Case No.

Criminal Appeal Nos. 701-702 of 2020

Bench

Sanjay Kishan Kaul, Hrishikesh Roy

Citation

[2021] 1 S.C.R. 721 : 2021 INSC 113

Headnote

Code of Criminal Procedure, 1973 – s.167(2)(a)(ii) – Default bail – Issue as to whether while computing the period of 90 days or

60 days as contemplated in s.167(2)(a)(ii) CrPC, the day of remand is to be included or excluded, for considering a claim for default bail – Because of the conflicting view on the proposition of law for grant of default bail, a judicial conundrum has arisen which is required to be resolved for guidance of the Court – Issue referred to larger Bench – Bail.

State of M.P. v. Rustom & Ors. 1995 (Supp) 3 SCC 221; Ravi Prakash Singh v. State of Bihar (2015) 8 SCC

340 : [2015] 2 SCR 241; M. Ravindran v. Intelligence Officer, Director of Revenue Intelligence (2020) SCC OnLine SC 867; Chaganti Satyanarayan v. State of Andhra Pradesh (1986) 3 SCC 141 : [1986]

2 SCR 1128; CBI v. Anupam J Kulkarni (1992) 3 SCC 141: [1992] 3 SCR 158; State v. Mohd. Ashraft Bhat (1996) 1 SCC 432 : [1995] 6 Suppl. SCR 300 State of Maharashtra v. Bharati Chandmal Varma (2002) 2 SCC

121 : [2001] 5 Suppl. SCR 422; Pragyna Singh Thakur v. State of Maharashtra (2011) 10 SCC 445 : [2011] 14 SCR 617 – referred to.

The following order of the Court was passed: ORDER 1. These Appeals are directed against the order dated 20.08.2020 of the Bombay High Court, granting default bail to the respondents under Section 167 (2)(a)(ii) of Code of Criminal Procedure, 1973 (for short “CrPC”). The respondents were arrested on 14.05.2020 for alleged commission of offence under Section 3 of the Prevention of Money Laundering Act, 2002 and were remanded on the same date. On 11.07.2020 through e-mail, the Enforcement Directorate filed a Complaint and subsequently on 13.7.2020, i.e., a Monday, a physical copy thereof was t

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