STATE Vs. MOHAMMAD ASHRAFT BHAT

JUDGEMENT

(1.) Leave granted.

(2.) This is an appeal against the order dated 9/5/1994 of the Presiding officer, Designated court established under the Terrorist and Disruptive activities Act, in the State of Jammu and Kashmir, whereby the first respondent was released on bail in terms of Section 167 Criminal Procedure Code inasmuch as the prosecution failed to submit police report (challan) within the period prescribed. It transpires that the prosecution submitted the police report on 23/12/1982, when the period of one year assigned for the purpose stood expired. It is noteworthy that when claim for bail by the respondent was being examined, the police report indeed stood filed. Yet the Designated court granted bail to the respondent on the mere fact that the police report had been filed belatedly. It apparently considered the right of the respondent to bail indefeasible on the expiry of the period of one year.

(3.) Patently, the Designated court was in error. A five-member bench of this court in Sanjay Dutt v. State has ruled at page 442 as follows: