3-judge Bench of Supreme Court to decide whether day on which accused is remanded should be included to compute 60-day period for default bail

A three-judge Bench of the Supreme Court will examine the legal question of whether or not the day on which the accused is remanded should be excluded or included while calculating the 60-day period for grant of default bail. .A Division Bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy referred this issue to a three-judge Bench in the case relating to grant of bail to DHFL promoters Kapil Wadhawan and Dheeraj Wadhwan in the money laundering case registered against him by Enforcement Directorate (ED) in connection with the Yes Bank fraud..The Court also stated that the question of interim bail should also be decided by the three-judge Bench, noting that "it retrospectively felt a little guilty that they heard this matter for a long time."."We will try to frame the issues at the earliest," the Bench assured. .Yes Bank Case: Supreme Court stays Bombay HC order granting bail to DHFL promoters Kapil and Dheeraj Wadhawan.In September 2020 a bench headed by Justice Sanjay Kishan Kaul had stayed a Bombay high court judgment of August 20 by which bail was granted to Wadhawan brothers. The High Court had granted bail on the ground that ED failed to file chargesheet in the matter within the 60-day window stipulated by the Code of Criminal Procedure (CrPC)..According to section 167 of CrPC, an accused will be entitled to bail by default if the investigating authority fails to file chargesheet within 60 days.The Wadhawan brothers were remanded to custody on May 14 and the 60th day expired on July 12. ED had filed it's chargesheet on July 13..The ED had appealed to the Supreme Court against the Bombay High Court order. .The Supreme Court while staying the Bombay High Court decision said that it will examine the legal question raised in the case concerning the computation of period allowed to investigating agency to file chargesheet in a case..It was the contention of the agency that the day on which the accused is remanded should be excluded while calculating the 60-day period. Counsel for Wadhawan brothers, on the other hand, had argued that the 60-day period will start running from the day on which the accused are remanded to custody..[Yes Bank case] Wadhawan brothers get default bail, Bombay HC says day of remand is included in computing time to file chargesheet.The high court had ruled in favour the brothers stating that "excluding the first day of remand while computing the period of 60 days cannot be sustained and is liable to be set aside".When the case was heard in September 2020, justice Kaul had said that two aspect needs to be examined in detail.."There are two issues. First issue is whether the date on which accused is remanded should be excluded (while computing the 60 days). Second issues is whether Saturdays, Sundays should be excluded. These are issues we would like to examine and interpret," he said..The brothers had not been released from jail even though Bombay high court had granted bail since they are accused in the case registered by Central Bureau of Investigation in connection with the case..[Read Order]