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TMI Blog2022 (3) TMI 856X X X X Extracts X X X X X X X X Extracts X X X X ..... SUPREME COURT] referred the matter to a Larger Bench observing that it is necessary for a Bench of appropriate strength to settle the law taking note of the earlier precedents. Unless the issue is appropriately determined, the Courts across the country may take decision depending upon which judgment is brought to the Court's notice or on the Courts own understanding of the law, covering default bail under Section 167(2)(a) II of Cr.P.C. Application disposed off. - Criminal Revision No.60 of 2022(O&M) - - - Dated:- 9-3-2022 - HON'BLE MR. JUSTICE HARINDER SINGH SIDHU Mr.Jagmohan Bansal, Sr.Advocate assisted by Mr.Kapish Chawla and Mr.Mukul Singla, Advocates for the petitioner Mr.Satya Pal Jain, Addl.Solicitor Gen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... requisite bail bonds/surety bonds as one of the two sureties was not accepted. Meanwhile, the complaint was also filed. In view thereof, same day i.e. 28.11.2021, the Ld. JMIC passed following order that the right to bail accrued to the petitioner stood forfeited. At this stage, the Ahlmad of this Court has brought to the notice of the Court that the complaint/challan in the present case has been presented. Bail bond/surety bond have not been furnished despite having been provided sufficient time. Therefore, in view of these circumstances the right of bail as accrued to the accused stands forfeited. The application as such stand disposed of. Papers be sent back to the concerned Court forthwith. The order dated 28.11.2021 holding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Department the same day i.e., 28.11.2021. According to the petitioner the date of remand has to be included while calculating the sixty days period. The days have been calculated by the petitioner in the following manner: September 2021 02 Days (including the first day of remand i.e. 29.09.2021) October 2021 31 Days November 2021 27 Days Total 60 Days On that basis the application having been moved on 28.11.2021, which was the 61st day was rightly allowed by the Ld. JMIC. The contention on behalf of the respondent- Department is that the day o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the aforesaid, leaning in favour of an interpretation to the benefit of the accused, it is deemed appropriate that the petitioner be directed to be conditionally released on bail. Accordingly, this petition is allowed. The order of the Ld. Additional Sessions Judge, Ludhiana allowing the revision petition of the respondent-Department and setting aside the order of the Ld. Judicial Magistrate granting default bail to the petitioner under Section 167(2) CrPC, is set aside. The petitioner is directed to be conditionally released on bail to the satisfaction of the Ld. Trial Court. It is clarified that in case the decision of the Larger Bench of the Hon'ble Supreme Court is against the inclusion of the day of remand in calculating the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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