TMI Blog2021 (2) TMI 1283X X X X Extracts X X X X X X X X Extracts X X X X ..... s rely inter alia on the line of reasoning in RAVI PRAKASH SINGH VERSUS STATE OF BIHAR [ 2015 (2) TMI 1371 - SUPREME COURT] and M. RAVINDRAN VERSUS THE INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE [ 2020 (10) TMI 1105 - SUPREME COURT] where it was held that the date of remand is to be excluded for computing the permitted period for completion of investigation - On the other hand, the Respondents seek to rely inter alia on CHAGANTI SATYANARAYAN VERSUS STATE OF AP. [ 1986 (5) TMI 265 - SUPREME COURT] , CENTRAL BUREAU OF INVESTIGATION SPECIAL INVESTIGATION CELL-I VERSUS ANUPAM J. KULKARNI [ 1992 (5) TMI 191 - SUPREME COURT] , STATE THROUGH CBI VERSUS MOHD. ASHRAFT BHAT ANR. [ 1995 (12) TMI 389 - SUPREME COURT] , STATE OF MAHAR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t bail under Section 167 (2)(a) II of CrPC. As the respondents are praying for benefit of the High Court s bail order, which was stayed on 3.9.2020, this matter be placed before a bench of 3 judges on a near date, for consideration of the interim prayer for the respondents. - CRIMINAL APPEAL NOS. 701-702 OF 2020 - - - Dated:- 23-2-2021 - 23-02-2021 HON'BLE MR. JUSTICE SANJAY KISHAN KAUL AND HON'BLE MR. JUSTICE HRISHIKESH ROY For the Appellant : Mr. Surya Prakash V. Raju, ASG Mr. Zoheb Hossain, Adv. , Ms. Sairica Raju, Adv., Mr. A. Venkatesh, Adv. , Mr. Guntur Pramod Kumar, Adv. , Ms. Zeal Shah, Adv. , Mr. Vivek Gurnani, Adv.,Mr. Agni Sen, Adv. , Mr. Rajan K. Chourasia, Adv. , Mr. B.V. Balram Das, Adv, Mr. B. Krishna Pra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned Special Judge however denied default bail to the respondents taking the view that the 60 days will have to be computed from 15.7.2020, by excluding the date of first remand. However, the High Court, under the impugned judgment felt that, excluding the first date of remand while computing the period of 60 days was erroneous and held that the filing of the Charge Sheet by the ED on 13.7.2020, being on the 61st day, would entitle the respondents to default bail. This order of the High Court was stayed on 3.9.2020. 3. The core issue that arises for consideration is whether while computing the period of 90 days or 60 days as contemplated in Section 167 (2)(a)(ii) of the CrPC, the day of remand is to be included or excluded, for consid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tent for expeditious conclusion of investigation and the consequences of the failure of the prosecution to conclude investigation within the permitted period. However, the ratio in Chaganti and also in Mhd. Ashraft Bhat Supra note 6 was not brought to the notice of the 3 judges bench in M Ravindran Supra note 3 and the Court took a contrary view in declaring that the date of remand is to be excluded for computing the period of investigation, to facilitate the claim of default bail by an accused. 8. Since the earlier position of law was not considered and the latest decision is of a 3 judges bench, it is necessary for a bench of appropriate strength to settle the law taking note of the earlier precedents. Unless the issue is appropriately ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
