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New Delhi, March 27 (). Rejecting the Enforcement Directorate’s (ED) appeal against the default bail granted to former DHFL promoters Kapil Wadhawan and Dheeraj Wadhawan in the Yes Bank case, the Supreme Court on Monday said that the accused will be liable for non-filing of the charge sheet for 60/90 days of remand. Defaulter is entitled to bail.
Justice K.M. A three-judge bench headed by Joseph said that the remand period will be counted from the date of magisterial remand. If the charge sheet is not filed by the 61st or 91st day of the remand period, the accused becomes entitled to default bail.
The apex court dismissed the appeal filed by the ED against the Bombay High Court order which had granted bail to former DHFL promoters Kapil Wadhawan and Dheeraj Wadhawan in the Yes Bank money laundering case.
The bench responded to the larger issue referred by the two-judge bench in February 2021 and directed the pending petitions related to the matter to be placed before a two-judge bench. In February, the apex court had reserved its verdict on the ED’s appeal.
In 2021, the apex court had referred the legal question to a larger bench, whether the day on which an accused is sent to custody should be included while considering the period of 60 days for grant of default bail. The apex court had in September 2020 stayed the Bombay High Court order granting bail to the promoters.
In August 2020, the High Court granted bail to the Wadhawans saying that the mandatory default bail was a sequel to non-filing of the charge sheet.
PK/ANM
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