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TMI Blog2021 (2) TMI 1283X X X X Extracts X X X X X X X X Extracts X X X X ..... al, Adv. , Mr. Ankur Saigal, Adv. , Mr. Rohan Dakshini, Adv. , Ms. Aakanksha Saxena, Adv. , Mr. Shubham Kulshreshtha, Adv. Ms. Tanvi Manchanda, Adv. , Mr. E. C. Agrawala, AOR Mr. Mukul Rohatgi, Sr. Adv. , Mr. Mahesh Agarwal, Adv. , Mr. Ankur Saigal, Adv. Mr. Rohan Dakshini, Adv. , Mr. Aakanksha Saxena, Adv. , Mr. Shubham Kulshreshtha, Adv. Ms. Tanvi Manchanda, Adv. , Mr. E.C. Agrawala, Adv. , Mr. Sarad Kumar Singhania, AOR Mr. Amit K. Nain, AOR O R D E R 1. These Appeals are directed against the order dated 20.08.2020 of the Bombay High Court, granting default bail to the respondents under Section 167 (2) (a)(ii) of Code of Criminal Procedure, 1973 (for short "CrPC"). The respondents were arrested on 14.05.2020 for alleged commission of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce of opinion on how the period available for completing the investigation is to be computed. Some judgements have favoured the exclusion of date of remand, while few other cases have taken a contrary view. 5. The appellants rely inter alia on the line of reasoning in State of M.P. Vs. Rustom & Ors. 1995 (Supp) 3 SCC 221, Ravi Prakash Singh Vs. State of Bihar (2015) 8 SCC 340 and M. Ravindran Vs. Intelligence Officer, Director of Revenue Intelligence (2020) SCC OnLine SC 867 where it was held that the date of remand is to be excluded for computing the permitted period for completion of investigation. 6. On the other hand, the Respondents seek to rely inter alia on Chaganti Satyanarayan Vs. State of Andhra Pradesh (1986) 3 SCC 141, CBI Vs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or on the Courts own understanding of the law, covering default bail under Section 167 (2)(a) II of CrPC. 9. In the above circumstances, we feel it appropriate to refer the above-mentioned issue to a 10 Ibid. larger Bench of this Court for an authoritative pronouncement to quell this conflict of views as the same shall enable the Courts to apply the law uniformly. 10. Accordingly, we direct the Registry to place all the relevant documents before the Hon'ble Chief Justice for constituting a bench of at least 3 judges to resolve the conflict in law on the issue of grant of default bail. 11. In the meantime, as the respondents are praying for benefit of the High Court's bail order, which was stayed on 3.9.2020, this matter be placed before ..... X X X X Extracts X X X X X X X X Extracts X X X X
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