GURMEJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an application seeking regular bail in case FIR No. 25 dated 23.12.2010 under Sections 7, 13(2) of the Prevention of Corruption Act, 1988, P.S. Vigilance Bureau, Amritsar.

(2.) Petitioner was arrested on 23.12.2010 and was produced before the Magistrate. He was sent to judicial custody on 24.12.2010.

(3.) Application seeking bail was moved before the Chief Judicial Magistrate on 24.2.2011 stating that no challan has been submitted by the police within 60 days as required under Section 167(2) (ii) Code of Criminal Procedurer. Therefore, the Petitioner is entitled to be enlarged on bail. The application was withdrawn on 24.2.2011 and thereafter, it was moved before the Special Judge/Addl. Sessions, Amritsar on 24.2.2011. Bail application was dismissed by the Special Judge having observed that bail application as well as challan were submitted before him on the same date i.e. 24.2.2011 and thus, it is not clear as to whether the application was filed earlier in time or challan was submitted earlier in time.