GURDEV SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) F .I.R. No. 95 dated 16.5.1999 has been registered under Sections 15, 61 and 85 of the N.D.P.S. Act at Police Station Bawal. (For the purpose of this petition, it is not necessary for us to go into the allegations found in the F.I.R.). The petitioner-Gurdev Singh moved an application for bail before the Special Judge, Rewari, by relying upon the provisions of Section 167(2) Cr.P.C. only. According to the learned counsel for the petitioner, the petitioner was arrested on 16.5.1999 and 90 days from thereof expired on 14.8.1999 itself. By then charge sheet had not been filed, therefore, the petitioner made an application for bail on 1.9.1999. During the pendency of that bail application before the Special Judge, Rewari, the charge sheet was filed on 8.9.1999 but the bail application was disposed of by the learned Special Judge, Rewari, on 10.9.1999. The learned Special Judge, by relying upon the decision of the Hon'ble Supreme Court in Sanjay Dutt v. State through C.B.I., Bombay, 1994(3) RCR 684 held that the petitioner is not entitled to bail since the challan had been filed on 8.9.1999 before the disposal of the bail application. Therefore, he dismissed the petition for bail. Aggrieved, the petitioner has approached this Court under Section 439 Cr.P.C. for bail.

(2.) I have heard the counsel for both the sides and perused the records on file.

(3.) I have had the occasion to consider this question in Balkar Singh v. The State of Haryana, Crl. Misc. No. 32882-M of 1999 decided on 14.1.2000. I had also taken note of the decision in Sanjay Dutt's case. I had referred to paragraph 52 of the Judgment of the Hon'ble Supreme Court in Sanjay Dutt's case, which is as follows :-