Counting First Remand Day in 60-Day Period for Default Bail Under Section 167(2) CrPC Remains Unresolved

The HC addressed whether the day of first remand should be counted in calculating the 60-day period for default bail under Section 167(2) CrPC. In this GST Act case, the JMIC granted default bail on the 61st day, but this was later set aside. Due to conflicting judicial views on counting methodology, the SC referred the matter to a Larger Bench. Pending this definitive ruling, the HC conditionally released the petitioner on bail, noting that the interpretation should favor the accused. The court stipulated that if the Larger Bench ultimately rules against including the remand day, the order could be modified.

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Issues:
Challenge to order granting default bail under Section 167(2) Cr.P.C. - Calculation of 60-day period for filing complaint - Forfeiture of right to bail - Interpretation of the day of remand in calculating the period - Reference to a Larger Bench by the Hon'ble Supreme Court.

Analysis:
The petition challenged an order setting aside the default bail granted to the petitioner under Section 167(2) Cr.P.C. The petitioner was arrested for an alleged offence under the GST Act and applied for default bail as the complaint was not filed within 60 days of remand. The Ld. JMIC granted bail on the 61st day. However, the respondent argued that the day of remand should be excluded, making the complaint timely filed on the 60th day. The conflicting views led the Supreme Court to refer the matter to a Larger Bench for a definitive ruling.

The judgment highlighted the importance of resolving the conflict in views regarding the inclusion or exclusion of the day of remand in calculating the 60-day period for default bail under Section 167(2) Cr.P.C. Citing the need for uniform application of the law, the court leaned towards an interpretation favoring the accused. Consequently, the petitioner was directed to be conditionally released on bail, overturning the Additional Sessions Judge's decision setting aside the default bail.

The court clarified that if the Larger Bench decides against including the day of remand in the custody period calculation, the respondent could seek modification or recall of the order. The judgment emphasized the need for a definitive ruling to ensure consistency in the application of the law across the country.

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