‘Default bail, if charge sheet not filed by 61st/91st day’, SC dismisses ED’s appeal in DHFL case

New Delhi, March 27 (IANS) The Supreme Court on Monday said an accused is entitled to default bail if the charge sheet is not filed by 61st/91st day of the remand, while dismissing Enforcement Directorate’s (ED) appeal against the grant of default bail to former DHFL promoters, Kapil Wadhawan and Dheeraj Wadhawan in the Yes Bank case.

A three-judge bench headed by Justice K.M. Joseph said the remand period will be calculated from the date, magistrate remand the accused and further added that an accused becomes entitled to default bail if the charge sheet is not filed by 61st or 91st day of the remand period.

The top court dismissed the appeal filed by the ED against the Bombay High Court order, which granted bail to former DHFL promoters Kapil Wadhawan and Dheeraj Wadhawan in a Yes Bank money laundering case.

The bench answered the larger issue referred to it by a two-judge bench in February 2021 and directed the pending petitions connected with the case be placed before a two-judge bench. In February, the apex court had reserved its verdict on the appeal of ED.

In 2021, the apex court had referred to a larger bench the legal question, whether the day on which an accused is remanded to custody should be included while considering the 60-day period for the grant of default bail. The top court in September 2020, stayed the Bombay High Court order granting bail to the promoters.

In August 2020, the high court granted bail to the Wadhawans saying that the mandatory default bail is the sequel to non-filing of charge sheet.

–IANS

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