Satnam Singh vs State of Punjab

L.N. Mittal, J.—Accused Satnam Singh has filed this petition u/s 439 of the Code of Criminal Procedure (in short, Cr. P.C.) for bail in case FIR No. 76 dated 30.04.2012 registered u/s 22 of the Narcotic Drugs and Psychotropic Substance Act, 1985 at Police Station Sultanwind, District Amritsar. I do not go into merits of the case because the accused-petitioner is seeking bail under proviso to Section 167(2) Cr. P.C.

Admitted facts are that challan i.e. report u/s 173 Cr. P.C. was not presented within stipulated period of 180 days. Thereupon the accused-petitioner filed bail petition in the Special Court on 02.11.2012. After filing of the bail application by the petitioner, on the same day, State presented challan against the petitioner. Learned Special Court has dismissed the bail application moved by the petitioner on the ground that challan has since been presented.

I have heard learned Counsel for the parties and perused the case file.

Hon''ble Supreme Court in the case of Uday Mohanlal Acharya Vs. State of Maharashtra, has categorically laid down that if chargesheet is not filed within the period stipulated in Section 167(2) Cr. P.C. and the accused files bail application and offers to furnish bail, he is said to have availed the indefeasible right of being released on bail and this right shall not be defeated by subsequent presentation of the chargesheet during pendency of the bail application.

Similar proposition of law has been laid down by Hon''ble Supreme Court in the case of Sayed Mohd. Ahmed Kazmi Vs. State, GNCTD and Others, In that case, accused moved application for bail after expiry of statutory period prescribed in Section 167(2) Cr. P.C. The prosecution thereafter moved application for extension of time for investigation of the case. It was held that the accused has right to be released on bail.

In view of the aforesaid judgments of Hon''ble Supreme Court, in the instant case, the accused on filing bail application on expiry of stipulated period as per Section 167(2) Cr. P.C. got indefeasible right to be released on bail, notwithstanding the presentation of challan by the Police during pendency of the bail application in the Special Court.

Accordingly, without meaning to express any opinion on merits of the case, instant bail petition is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Amritsar.