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High CourtsSingle Bench(2013) 10 P&H CK 0219

Roop Chand vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 8 October 2013

HON’BLE JUDGES
K.C. Puri, J
RESULT
Disposed Off
CASE NUMBER
Criminal M. No. M-23110 of 2013 (O and M)

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Judgment

6 paragraphs · 363 words

K.C. Puri, J.—Petitioner Roop Chand has applied for regular bail in FIR No. 93 dated 9.11.2012 under Sections 22, 61, 85 of the NDPS Act registered at Police Station Mahilpur, District Hoshiarpur, by invoking the provisions of Section 167(2) Cr.P.C. The accused was arrested on 9.11.2012 in the abovesaid FIR in respect of recovery of 140 grams of intoxicant powder of commercial quantity. As per report of the trial Court, Roop Chand filed application for grant of bail u/s 167(2) Cr.P.C. on 8.7.2013 before lunch and the case was posted for 9.7.2013. It is further mentioned in the report that challan was presented on 8.7.2013 at 2.30 PM. and bail application was dismissed on 9.7.2013 on the ground that challan has been presented.

2.

Counsel for the petitioner has relied upon the authorities reported as Sunil Singh and Others Vs. State of Chhattisgarh, and Sayed Mohd. Ahmed Kazmi Vs. State, GNCTD and Others, and has submitted that once the right to get the bail has been invoked by the petitioner by filing an application for grant of bail that indefeasible right cannot be curtailed away by subsequent filing of the challan.

3.

Learned State counsel has opposed the prayer and has submitted that since the challan was presented, so the right to get the bail stands extinguished.

4.

I have considered the submissions made by counsel for both the sides and have also gone through the record of the case.

5.

Admittedly, the challan was presented much after 180 days. It is also not disputed that application for grant of bail by invoking the provisions of Section 167(2) Cr.P.C. was moved on 8.7.2013 before lunch and challan was presented on 8.7.2013 after lunch at 2.30 P.M. So, the petitioner has invoked the provisions of Section 167(2) Cr.P.C. and that right cannot be taken away after subsequent filing of the challan in view of abovesaid authorities in Sunil Singh''s case (Supra) and Sayed Mohd. Ahmed Kazmi''s case (Supra).

6.

So, in these circumstances, the application for grant of bail to petitioner Roop Chand stands accepted by invoking the provisions of Section 167(2) Cr.P.C. after setting aside the order of the trial Court. Disposed of