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2022 (3) TMI 856 - PUNJAB & HARYANA HIGH COURTSeeking grant of default bail - inclusion of day of remand in the calculation of period of 60 days - Section 167(2) Cr.P.C. - HELD THAT:- The application having been moved on 28.11.2021, which was the 61st day was rightly allowed by the Ld. JMIC. All that needs to be noticed is that taking note the conflicting views on the question of the inclusion or exclusion of the day of remand for the purpose of calculating the period, Hon'ble Supreme Court in ENFORCEMENT DIRECTORATE, GOVERNMENT OF INDIA VERSUS KAPIL WADHAWAN & ANR. ETC. [2021 (2) TMI 1283 - SUPREME COURT] referred the matter to a Larger Bench observing that it is necessary for a Bench of appropriate strength to settle the law taking note of the earlier precedents. Unless the issue is appropriately determined, the Courts across the country may take decision depending upon which judgment is brought to the Court's notice or on the Courts own understanding of the law, covering default bail under Section 167(2)(a) II of Cr.P.C. Application disposed off.
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