Default bail computation under Section 167(2)(a)(ii): day of remand inclusion issue referred to a larger Bench

Conflicting precedent on default bail under Section 167(2)(a)(ii) of the CrPC concerned whether the day of remand is included when computing the 60/90-day period. The order noted that prior decisions had taken divergent views on this computation issue, creating uncertainty in the law. Because authoritative clarification was required, the question was referred to a larger Bench for determination.

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Issues: Whether, for the purpose of default bail under Section 167(2)(a)(ii) of the Code of Criminal Procedure, 1973, the day of remand is to be included or excluded while computing the prescribed period, and whether the conflict in precedent should be placed before a larger Bench.

Analysis: The order notes that earlier decisions have taken divergent views on the computation of the 60/90-day period for default bail, with one line of authority excluding the date of remand and another including it. As the issue was not settled consistently and requires authoritative clarification, the matter was considered fit for reference to a larger Bench.

Outcome: The question was referred to a larger Bench for authoritative determination, and the Registry was directed to place the matter before the Hon'ble Chief Justice for constitution of an appropriate Bench. The respondents' interim prayer was directed to be placed before a three-judge Bench on a near date.

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