The Supreme Court responds that the day of remand should be taken into consideration when evaluating a default bail claim

Last Updated on March 27, 2023 by Administrator

Issue – The Supreme Court has ruled that the day of remand must be taken into account when evaluating a request for default bail in response to a referral on an important legal issue.

Facts of the case – If the charge sheet isn’t submitted by the 61st or 91st day of the detention, the bench said, the accused becomes eligible for default bail. In light of this, the court dismissed the Enforcement Directorate’s plea challenging the default bail granted to former DHFL founders Kapil & Dheeraj Wadhawan in the Yes Bank case.

The appeal was brought in opposition to the decision of the Bombay High Court, which declared that the day of remand must be taken into account for calculating the 90 or 60 days specified in Section 167 (2)(a)(ii) of the Code of Criminal Procedure.

Arguments – In determining whether to accept or reject a request for default bail, the day of remand must be taken into account.

Reasoning – In some circumstances, it was decided that the date of remand should not be included when calculating the allowed time for investigation completion. While others have argued that the date of remand must be taken into account when calculating the time frame that can be used to conduct an investigation and determine eligibility for default bail.

Judgement – The length of the remand period will be determined starting on the day the magistrate remanded the accused.

Provisions used in the case – Section 167 (2)(a)(ii) of the Code of Criminal Procedure.

Written by – Nikita Shankar