SANJAY Vs. STATE OF HARYANA

JUDGEMENT

(1.) COUNSEL for the parties have been heard. This revision has been directed against the order dated 8.4.2000 whereby application filed by the petitioner for his release on bail under the provisions of Section 167(2) Cr.P.C. was dismissed.

(2.) IT is not disputed that the petitioner was arrested by the police on 7.1.2000 and he had moved the court for bail on 7.4.2000 by filing an application under Section 167(2) Cr.P.C. Notice of this application was issued to the State for 8.4.2000 on which date the challan was presented in court. The trial Court dismissed the application on the ground that the challan has been presented before the decision of the bail application.

(3.) I find fully agreeable with the contention of the learned counsel. Admittedly in the instant case, the petitioner had exercised his option under Section 167(2) Cr.P.C. on expiry of the statutory period for filing the challan though the application remained pending. The challan was admittedly filed before the decision of the bail application. The petitioner was legally entitled to be released on bail under the provisions of Section 167(2) Cr.P.C. irrespective of the fact that his application was disposed of after the filing of the challan.