Larger Bench To Decide On Inclusion Of Day Of Remand For Default Bail: Top Court
The Supreme Court Tuesday said a larger three-judge bench will examine whether the day on which an accused is remanded to custody should be included while calculating the 60-day period for the grant of default bail.
A two-judge bench comprising justices SK Kaul and Hrishikesh Roy also said it will request Chief Justice SA Bobde to constitute the larger bench at the earliest.
The legal issue arose during the hearing of an Enforcement Directorate appeal against a Bombay High Court order granting bail to former DHFL promoters, Kapil Wadhawan and Dheeraj Wadhawan, in a Yes Bank money laundering case being probed by the agency.
Senior advocate A M Singhvi, appearing for the Wadhawans, told the top court that his clients have been in jail for over 11 months, and he sought early disposal of the plea.
He said when a conflict in law is there the decision should be in favour of the accused.
The top court said the question of interim bail should also be decided by the three-judge bench.