AVTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for quashing of the order dated 07.01.2020, vide which, after granting default bail to the petitioner under Section 167 (2) Cr.P.C. on 04.01.2020, on account of non-furnishing bail/surety bonds, the Judge, Special Court, Sangrur virtually reviewed the order dated 04.01.2020 and dismissed the bail, as in the intervening period, the challan was presented by the police.

(2.) Brief facts of the case are that the petitioner is facing trial in FIR No.82 dated 06.06.2018 under Section 15 of NDPS Act, registered at Police Station Sadar Dhuri. Since the challan could not be presented within the time prescribed, the Judge, Special Court, on 04.01.2020, passed the following order:-

(3.) It appears that the petitioner could not arrange two sureties, so he could not furnish bail/surety bonds on the same day and after three days, he moved an application dated 07.01.2020 for furnishing bail/surety bonds and in the intervening period, the police has submitted the challan under Section 173 (2) Cr.P.C. and taking note of the same, the trial Court, while relying upon judgment of the Hon'ble Apex Court in Uday Mohanlal Acharya Vs. State of Maharashtra, 2001 (@) RCR (Crl.) 452, held that right of the petitioner/accused stands extinguished. The operative part of the order dated 07.01.2020 reads as under: -