VidhiSangh

Supreme Court of India · 27/03/2023

ENFORCEMENT DIRECTORATE, GOVERNMENT OF INDIA versus KAPIL WADHAWAN & ANR. ETC

[2023] 5 S.C.R. 918 · 2023 INSC 723

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Summary

Two accused remanded on 14 May 2020 in a money-laundering case applied for default bail at 8.53 am on 13 July 2020, the Enforcement Directorate filing its complaint later that morning. The Special Court refused bail by excluding the date of remand from the sixty days, but the Bombay High Court granted it. On a reference arising from conflicting decisions, a three-Judge Bench held that the sixty or ninety day period under proviso (a) to Section 167(2) CrPC is computed from and includes the day the Magistrate authorises remand; that Rustam, which excluded that day, was per incuriam for ignoring Chaganti Satyanarayan; that the General Clauses Act does not apply since Section 167 fixes no period from and to; that the indefeasible right to default bail is not defeated by a later chargesheet; and it upheld the grant of bail.

Issues

  1. Whether, in computing the sixty or ninety day period under proviso (a) to Section 167(2) of the Code of Criminal Procedure, 1973 for the purpose of default bail, the day on which the Magistrate orders remand is to be included or excluded.
  2. Whether Sections 9 and 10 of the General Clauses Act, 1897 apply to the computation of the remand period under Section 167(2).

Provisions considered

Held

Result

Reference answered: the sixty or ninety day remand period under Section 167(2) CrPC is computed from and includes the date on which the Magistrate authorises remand; Bombay High Court judgment dated 20.08.2020 granting default bail to the respondents under proviso (a)(ii) to Section 167(2) upheld; other pending issues in the appeals left to an appropriate Bench.

Judgment PDF: Supreme Court of India, [2023] 5 S.C.R. 918.