Summary
On the Enforcement Directorate's application, the Court clarified paragraph 51 of its judgment of 27 March 2023 in the same appeals so that it records that the High Court's grant of default bail under proviso (a)(ii) to Section 167(2) CrPC was upheld only in terms of the question referred to and answered by the Bench, and that any other pending issues arising from the appeals are to be addressed by an appropriate Bench.
Issues
- Whether paragraph 51 of the judgment dated 27 March 2023 should be clarified to confine its upholding of the High Court's default bail order to the referred question, leaving the remaining issues in the appeals open.
Provisions considered
- Section 167(2), proviso (a)(ii), Code of Criminal Procedure, 1973The provision under which the High Court had granted default bail; the Court's earlier answer to the referred question on this provision was clarified to be limited to that question. (¶ 3)
Held
- No fresh question of law was decided; paragraph 51 of the judgment dated 27 March 2023 was corrected to read that the High Court's default bail order is found in order in terms of the referred question answered by the Court, that the High Court's judgment dated 20 August 2020 is upheld, and that any other pending issues arising from the appeals are to be addressed by an appropriate Bench. (¶ 3)
Result
Interlocutory Application No. 74084 of 2023 allowed; paragraph 51 of the judgment dated 27 March 2023 clarified as stated; pending applications disposed of.