Answering a reference on a significant point of law, the Supreme Court has held that the day of remand is to be included for considering for considering a claim for default bail.
The remand period will be calculated from the date when the Magistrate remanded the accused, held a bench comprising Justices KM Joseph, BV Nagarathna and Hrishikesh Roy.
An accused becomes entitled to default bail if the chargesheet isn’t filed by 61st or the 91st day of the remand, the bench stated. Holding so, the bench dismissed the appeal filed by the Enforcement Directorate challenging the default bail granted to former DHFL promoters, Kapil Wadhawan & Dheeraj Wadhawan in the Yes Bank case.