SUBHASH CHANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision has been brought by petitioner - Subhash Chander, an accused in case FIR No.66 dated 18.3.2020 for the offences under Sections 7, 7A of P.C. Act, registered at Police Station Nissing, Karnal feeling aggrieved by the order dated 3.7.2020 passed by Additional Sessions Judge(Duty), Karnal vide which he has refused to grant bail to the petitioner under Section 167(2) Cr.P.C.

(2.) Briefly stated, facts of the case are that petitioner Subhash Chand @ Subhash Chander was arrested on 19.3.2020 in the case details of which are mentioned above. On account of outbreak of Corona Pandemic in view of the directions issued by the Apex Court in Suo Motu Writ Petition No. 1/2020 - In RE: CONTAGION OF COVID-19 VIRUS IN PRISONS and as per the policy dated 24.3.2020 of the Hon'ble High Powered Committee, vide order dated 31.3.2020 the petitioner was released on interim bail for a period of 45 days. Such period expired on 14.5.2020. In view of subsequent direction dated 5.5.2020 by the Hon'ble High Powered Committee, interim bail was further extended for six weeks up to 25.6.2020 and then for 10 weeks w.e.f. 25.6.2020. The petitioner is required to surrender at District Jail on 4.9.2020.

(3.) The petitioner had filed an application under Section 167(2) Cr.P.C. for the reason that the investigating agency had failed to file final police report within 60 days of his arrest, thus making him entitled to be released on bail. That application was dismissed by learned Additional Sessions Judge (Duty), Karnal vide order dated 3.7.2020. The relevant part of the order is contained in para No. 11 of the judgment, which for ready reference is being reproduced as under: