Enforcement Directorate Government of India v. Kapil Wadhawan & Anr. Etc

ORDER 1. This application is filed by the applicant/appel lant seeking clarifi cation of the judgment dated 27th March, 2023 passed by this Court. The relief sought in the prayer, inter alia , is as follows:- “(I) Clarify ‘ Para 51 ’of the Judgment dated 27.03.2023 passed by this Hon’ble Court to the eff ect that the said judgment is only restricted to answering the issue referred to the larger bench and that se veral other issues which have been raised in the appeal would have to be considered by the appropriate bench of this Hon’ble Court till which time the impugned order of the High Court granting default bail, cannot be upheld by holding the same to be either correct or found to be in order.” 2. Heard Mr. S. V. Raju, learned Additional Solicitor General appearing on behalf of the applicant/appellant and Mr. Mukul Rohatgi and Mr. Kapil Sibal, learned senior counsel appearing on behalf of the respondents. 3. The paragraph-51 in the Criminal Appeal Nos.701-702 of 2020 pronounced on 27.03.2023 by this Court following correction, should now read as under:- “51. Following the above discussion and opinion, the impugned order of the High Court granting default bail to the respondents by applying the proviso (a) (ii) of Section 167(2) CrPC is found to be in order in 1135 terms of the reference made before this Court in respect of que stion referred before this Court and answered by us. Hence, we also uphold the impugned judgment dated 20.08.2020 passed by the learned Single Judge of the Bombay High Court. Any other pending issues arising from these appeals are to be addressed by an appropriate Be nch of this Court.” 4. The Interlocutory Application No.74084 of 2023 is allowed. 5. Pending application(s), if any, stand disposed of.