Q. Whether day of remand is to be included for considering a claim for default bail?

Q. Whether the day of remand is to be included or excluded, for considering a claim for default bail?

A. Supreme Court Refers To Larger Bench

RELEVANT CASE LAW:

ENFORCEMENT DIRECTORATE V. KAPIL WADHAWAN LL 2021 SC 118]

REASON:

There are contradictory judgments on both sides,

In

• STATE OF MP V. RUSTOM & ORS .1995 (SUPP) 3 SCC 221,
• RAVI PRAKASH SINGH V. STATE OF BIHAR (2015) 8 SCC 340 AND
• M. RAVINDRAN V. INTELLIGENCE OFFICER, DIRECTOR OF REVENUE INTELLIGENCE,

it was held that The Date of Remand Is to Be Excluded for computing the permitted period for completion of investigation.

On the other hand, the judgments in

• CHAGANTI SATYANARAYAN V. STATE OF ANDHRA PRADESH (1986) 3 SCC 141,
• CBI v. ANUPAM J KULKARNI (1992) 3 SCC 141,
• STATE V. MOHD. ASHRAFT BHAT (1996) 1 SCC 432,
• STATE OF MAHARASHTRA V. BHARATI CHANDMAL VARMA (2002) 2 SCC 121, and
• PRAGYNA SINGH THAKUR V. STATE OF MAHARASHTRA (2011) 10 SCC 445

have HELD THAT the date of remand must be included for computing the available period for investigation for determining entitlement to default bail.