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SANJAY KISHAN KAUL, HRISHIKESH ROY
Enforcement Directorate, Government Of India – Appellant
Versus
Kapil Wadhawan – Respondent
| Table of Content |
|---|
| 1. default bail criteria and timelines. (Para 1 , 2) |
| 2. key legal question on inclusion/exclusion of remand. (Para 3 , 4) |
| 3. divergent judicial interpretations on remand count. (Para 5 , 6) |
| 4. need for authoritative pronouncement due to legal conflicts. (Para 7 , 8) |
| 5. referral to larger bench for conflict resolution. (Para 9 , 10 , 11) |
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 tendered before the Court. The applications for enlargement of bail were moved on 13.07.2020 at 8.53 am with physical filing token being issued by 11 am.
2. It was asserted by the respondents that the period of 60 days from the date of remand i.e., 14.5.2020, expired on 12.7.2020(Sunday) and on
The remand day must be included in the 90-day calculation for default bail eligibility, ensuring protection of personal liberty as per statutory requirements.
The main legal point established in the judgment is that the extension of remand and the application for default bail should be based on the material and evidence presented before the court. The cour....
The right to default bail under Section 167(2) accrues upon non-filing of the charge-sheet within the stipulated time, and cannot be extinguished by subsequent extensions or filings.
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