Default bail computation includes the remand day, strengthening the accused's right to release after the statutory period expires.

The Supreme Court held that, for default bail under Section 167(2) CrPC, the day the Magistrate orders remand is included in computing the 60/90 day period, because custody under the statutory scheme begins on that date. It rejected the view that the remand day must be excluded and held that the General Clauses Act does not control this computation. Applying the liberty-protective interpretation required by Articles 21 and 22(2), the Court ruled that an accused acquires an indefeasible right to default bail once the period expires without filing of the charge-sheet or final report, and the grant of bail was upheld.

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Issues: Whether, for computing the 60/90 day period under the first proviso to Section 167(2) of the Code of Criminal Procedure, 1973, the day on which the Magistrate orders remand is to be included or excluded; and whether the accused become entitled to default bail when the charge-sheet is filed after expiry of that period.

Analysis: The statutory scheme of Section 167 of the Code of Criminal Procedure, 1973, read with Section 57 and the proviso to Section 167(2), was held to create a custody regime that begins on the date the Magistrate authorizes remand. The earlier view that excluded the remand day was rejected as having overlooked the binding earlier decision that treated the remand day as part of the statutory period. The Court held that the General Clauses Act, 1897 does not govern computation under Section 167(2) because the provision is not framed as a limitation period running from a fixed terminus a quo to a terminus ad quem. The interpretation adopted was anchored in personal liberty under Articles 21 and 22(2) of the Constitution of India, and in the principle that ambiguity in a liberty-curtailing provision must be resolved in favour of the accused.

Conclusion: The date of remand is included in computing the 60/90 day period under Section 167(2) of the Code of Criminal Procedure, 1973, and the accused acquire an indefeasible right to default bail once that period expires without filing of the charge-sheet or final report. The impugned order granting default bail was therefore upheld, and the appeals failed.

Ratio Decidendi: For the purpose of default bail under Section 167(2) of the Code of Criminal Procedure, 1973, the statutory remand period must be computed from the date of the Magistrate's remand order itself, and not by excluding that date; on expiry of the prescribed period, the accused acquire an indefeasible right to be released on bail if the final report is not filed before the right is availed.

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