Dara Singh alias Raja vs State of Haryana

Sarojnei Saksena, J.—The only point for consideration in this petition is whether even after the presentation of challan on July 20, 1995, the petitioner can claim that he be released on bail u/s 167(2) Cr.P.C. No doubt, the bail petition was filed on June 1, 1995, but before this petition could be decided on July 20, 1995., challan is presented against the accused. In Sanjay Dutt Vs. State through C.B.I., Bombay, , the Apex Court has held "The indefeasible right" of the accused to be released on bail in accordance with Section 20(4)(bb) of TADA, 1987 read with Section 167(2) Cr.P.C. in default of completion of the investigation and filing of the challan within the time allowed is a right which enures to, and is enforceable by the accused only from the time of default till the filing of the challan and it does not survive or remain enforceable on the challan being filed." The facts of Raghubir Singh and Others Vs. State of Bihar, are slightly distinguishable because in that case the accused was already enlarged on bail and thereafter charge sheet was filed. The point for consideration was whether that order stands defeated by filing of the charge sheet. The answer was given in the negative. This judgment was relied on by a Single Bench of this Court in Gurmit Kaur v. State of Punjab, 1988 (1) Recent C.R. 258 : (1989 Cri LJ 1609). The ratio of Rajnikant Jivanlal and Another Vs. Intelligence Officer, Narcotic Control Bureau, New Delhi, to the extent of law elucidated in Aslam Babalal Desai Vs. State of Maharashtra, was overruled.

In view of the judgment of the Apex Court in Sanjay Dutt''s case, since in this case challan is filed on July 20 1995, before this bail petition could be decided, the petitioner cannot claim that he is released on bail u/s 167(2) Cr. P. C. His that right is not enforceable now. Even otherwise, the petitioner''s counsel could not satisfy this Court as to how u/s 37 of the NDPS Act he is entitled to bail. Accordingly, the petition is hereby dismissed.