JUDGMENT

Bharati Dangre, J. - LDVC Bail Application No.400/2020 is filed by Kapil Wadhawan and LDVC Bail Application No.401/2020 is filed by Dheeraj Wadhawan. Since both the applicants are arraigned as accused in the same ECIR registered by Directorate of Enforcement, and since both the applications seek mandatory default bail with the aid of 167(2)(a)(ii) of Cr.P.C, both the applications were argued together and decided by this common order.

2. The applicants came to be arraigned as accused in ECIR/MBZO-I/3/2020 registered by the Enforcement Directorate for the alleged commission of offence under Section 3 of the Prevention of Money Laundering Act, 2002 (PMLA). The said ECIR was registered on 7th March 2020. Both the applicants were shown to be arrested by the respondents in the said ECIR from Taloja Jail where they were confined in judicial custody since 10th May 2020 in RC No.219/2020 registered by the CBI. On 14th May 2020 itself, the applicants were produced before the learned Special Court, Mumbai and were remanded to police custody. On 27th May 2020, the applicants were remanded to judicial custody. Since these are the limited facts which are necessary for determination of the question involved, I need not refer to further details of the case. Shorn off the unnecessary details about the nature of accusation levelled against the present applicants and their plea of denial, these bare necessary facts being not in dispute, I will advert the neat question of law and adjudge the same which arises in the present two applications.

After hearing the learned senior counsel Shri Amit Desai for the applicants and the learned Additional Solicitor General Shri Anil Singh opposing him in the applications seeking default bail for the applicants, the question which arises for consideration can be formulated in a forthright manner as under :-

"Whether in computing the period of 90 days or 60 days as contemplated in Section 167 (2)(a) of Cr.P.C, the day of remand is to be included or excluded".

3. Learned Senior counsel Shri Amit Desai has extensively referred to Section 167 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') and in the backdrop of the facts involved submit that the applicants came to be arrested on 14th May 2020 and on the very same day, they was remanded before the Magistrate. Remand orders were passed by the Magistrate from time to time and it is on 11th July 2020, a complaint was filed by the Enforcement Directorate (ED) through e-mail, which according to him was the entire complaint but only a forward. The said day being Saturday. On 13th July 2020 i.e. on Monday, the copy of the complaint in its physical form was tendered before the Court.

4. Learned counsel assert the period of 60 days from the date of remand of the applicants i.e. 14th May 2020 expired on 12th July 2020 (Sunday). On 13th July 2020, the applicants moved an application seeking enlargement of bail under Section 167 (2)(a)(ii) of the Code of Criminal Procedure. The application was transmitted through an e-mail of the counsel for the applicants at 8.53 a.m. On the very same day, at around 11.00 am, the Bail Application was presented for physical filing in the Sessions Court and a token was issued and the said appl