Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 : s. 167(2) proviso (a) (ii) – Default Bail |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Prevention of Money Laundering Act, 2002 (15 of 2003) Code of Criminal Procedure, 1973 (2 of 1974) Limitation Act, 1963 (36 of 1963) General Clauses Act, 1897 (10 of 1897) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Reference Answered |
Headnote | Code of Criminal Procedure, 1973 : s. 167(2) proviso (a) (ii) – Default Bail – Claim for – 60/90 day period of remand under proviso (a) to s. 167(2) – Computation of – Day on which the Magistrate orders remand to be included or excluded – Held: s. 167(2) pertains to the power of the Magistrate to remand an accused and there is no reason why the date of the Magisterial Court’s gaze on the accused, should be excluded – Ignoring the date of remand u/s. 167 in the 60/90 day period would militate against the legislative intent of providing an accused protection from being in prolonged custody, because of slothful investigation – Stipulated 60/90 day remand period u/s. 167 ought to be computed from the date when a Magistrate authorizes remand – Thus, the very moment the stipulated 60/90 day remand period expires, an indefeasible right to default bail accrues to the accused – On facts, accused were remanded on 14.05.2020 and as such, the chargesheet ought to have been filed on or before 12.07.2020 (i.e. the sixtieth day) – But the same was filed, on the 61st day of their custody – Therefore, the right to default bail accrued to the accused persons on 61st day at 12:00 AM, midnight, onwards – On that very day, the accused filed their default bail applications – ED filed the chargesheet, later in the day – Thus, the default bail applications were filed well before the chargesheet – In cases where the chargesheet/ final report is filed on or after the 61st/91st day, the accused would be entitled to default bail – Thus, the High Court justified in granting default bail to the respondents by applying the proviso (a) (ii) of s.167(2) – Prevention of Money Laundering Act, 2002 – s. 3. s. 167(2) – Conflicting opinions as to computation of the 60/90 day remand period by including/ excluding day of remand – Rustam’s case ignored the binding precedent in Chaganti’s case on computing the prescribed 60/90 day period under proviso (a) of s. 167(2) – Thus, the decision in Rustam’s case held to be per incuriam.Doctrine of judicial precedent: Per incuriam – Rule of – Held: Is an exception to the doctrine of judicial precedent – It provides that when a judgment is passed in ignorance of a relevant precedent or any other binding authority, the same is said to be postulating incorrect law – It becomes pertinent to resolve the conflict arising from diverging opinions by taking recourse to the ratio decidendi of the earliest opinion. General Clauses Act, 1897: Applicability of, while computing period of 60/90 days given under proviso (a) of s. 167(2) – Held: General Clauses Act is not applicable to s. 167, as there is no definite ‘from’ period from which the stipulated remand, may commence. |
Judge | Hon'ble Mr. Justice Hrishikesh Roy |
Neutral Citation | 2023 INSC 723 |
Petitioner | Enforcement Directorate, Government Of India |
Respondent | Kapil Wadhawan & Anr. Etc |
SCR | [2023] 5 S.C.R. 918 |
Judgement Date | 2023-03-27 |
Case Number | 701–702 |
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