GURBAX SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner seeks grant of regular bail in case FIR No.311, dated 10.5.2011, registered under Sections 420, 467, 468, 471, 120-B of the IPC and Sections 25, 27, 54, 59 of the Arms Act, at Police Station City Sirsa.

(2.) Counsel for the respondent has fairly accepted this proposition of law. However, counsel for the complainant has argued that the distinguishing factor would be the fact that in this case the petitioner filed an application to take the benefit of Section 167(2) of the Cr.P.C after the challan was filed and, therefore, he would have lost his right.

(3.) It is not disputed that the present petition for bail under Section 439 of the Cr.P.C was filed before the filing of the challan. The question now is whether the right of the accused can be defeated by the fact that challan has since been presented prior to the filing of the application under Section 167(2) of the Cr.P.C. In Som Nath and another's case (supra), it was held as follows:-