ENFORCEMENT DIRECTORATE GOVERNMENT OF INDIA Vs. KAPIL WADHAWAN

JUDGEMENT

(1.) These Appeals are directed against the order dtd. 20/8/2020 of the Bombay High Court, granting default bail to the respondents under Sec. 167 (2) (a)(ii) of Code of Criminal Procedure, 1973 (for short 'CrPC'). The respondents were arrested on 14/5/2020 for alleged commission of offence under Sec. 3 of the Prevention of Money Laundering Act, 2002 and were remanded on the same date. On 11/7/2020 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 13/7/2020 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 next day, the bail petition was presented before the Court. The learned Special Judge however denied default bail to the respondents taking the view that the 60 days will have to be computed from 15/7/2020, by excluding the date of first remand. However, the High Court, under the impugned judgment felt that, excluding the first date of remand while computing the period of 60 days was erroneous and held that the filing of the Charge Sheet by the ED on 13/7/2020, being on the 61st day, would entitle the respondents to default bail. This order of the High Court was stayed on 3/9/2020.

(3.) The core issue that arises for consideration is whether while computing the period of 90 days or 60 days as contemplated in Sec. 167 (2)(a)(ii) of the CrPC, the day of remand is to be included or excluded, for considering a claim for default bail.