Case Name : Enforcement Directorate, Government of India vs Kapil Wadhawan & Anr Etc
Case Reference: (0000) 0 SCR 00 :
Neutral Citation:
Case Number: Crl A Nos 701-702/2020
Court: Supreme Court
Bench: 03
Coram: KM Joseph, Hirshikesh Roy (Author). BV Nagarathna
Date: 27.03.2023
Whether date of remand is to be included or excluded in claim for default bail under 167(2) CrPC
Main para - (Para 34) The period of custody with the police prior to remand is not detention. (Page 19) The period of detention by the Magistrate runs from the day of the remand order The date of remand is when the period under section 167 starts, irrespective of the time of the day (Page 20) Example of if accused is produced at 11.50PM (Paras 48, 50) It is the date that counts; as long as the application is filed before the chargesheet is filed, the accused would be entitled to bail
Right to default bail is a fundamental right (Para 38)
Accused does not have to make out substantive groudns for bail or file detailed bail application, but only state in an application (orally or written) (Para 38)
Interpretation of Penal Statutes
Whenever there is an ambiguity, it must be read in favour of the accused (Paras 40-41)
– Refer also: Bikramjit Singh vs State of Punjab, (2020) 10 SCC 616
See also: CrPC, Section 56 Constitution - Article 21