GHYANSHYAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONERS were arrested on 30.8.2000. They were produced before the Court on 31.8.2000. 60 days expired on 29.10.2000. Challan has not been presented even till today. In view of Section 167(2)(a)(iii) of the Cr.P.C. the petitioners are entitled to be released on bail. This view of mine finds support from a Division Bench judgment of this Court in the case of Om Parkash Gabbar v. State of Punjab, 1997(1) RCR 193. After considering the relevant provisions, the interpretation given by the Allahabad High Court in the case of Sohan Lal v. State, 1991 Allahabad Criminal Reports 383, is accepted as the correct view of the law with regard to Section 167 of the Cr.P.C. In Sohan Lal's case (supra) it was observed as under :-

(2.) MR . S.K. Pippat appearing for the complainant has, however, submitted that the challan has not been presented deliberately by the police officials as they are conniving with the petitioners.