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Supreme Court of India

Enforcement Directorate, Government of v. Kapil Wadhawan & Anr. Etc.

Neutral citation
Bench Sanjay Kishan Kaul and Hrishikesh Roy JJ.
Decided 23 February 2021

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

Accordingly, we direct the Registry to place all the relevant documents before the Hon’ble Chief Justice for constituting a bench of at least 3 judges to resolve the conflict in law on the issue of grant of default bail.

Judgment, page 4

From the headnote

Code of Criminal Procedure, 1973 – s.167(2)(a)(ii) – Default bail – Issue as to whether while computing the period of 90 days or 60 days as contemplated in s.167(2)(a)(ii) CrPC, the day of remand is to be included or excluded, for considering a claim for default bail – Because of the conflicting view on the proposition of law for grant of default bail, a judicial conundrum has arisen which is required to be resolved for guidance of the Court – Issue referred to larger Bench – Bail.

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