GURVEER SINGH ALIAS GARRY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CRL. Misc. No. 18176 of 2012 Application under section 5 of the Limitation Act has been made for condonation of delay of 134 days in filing the revision petition. It is claimed that the petitioner had filed a petition under the provisions of section 439 Cr.P.C. before this court, after dismissal of his application vide order dated 11.8.2011. Thus, he became late in filing this revision petition. The prayer in the application is not opposed by the State.

(2.) FOR the reasons given in the application, the delay of 134 days in filing this revision petition is condoned.

(3.) LEARNED counsel for the petitioner has contended that the petitioner was arrested on 3.2.2011. According to him, the period of 180 days expired thereafter on 2.8.2011. According to him, the petitioner filed an application for bail under the provisions of section 167(2) Cr.P.C. on 3.8.2011 and learned Special Judge instead of passing an order of bail, had sought the report of Ahlmad and ordered notice to be issued to the State for 4.8.2011. According to him, in the meanwhile, the State filed the challan on 3.8.2011 itself and on this development, vide orders dated 11.8.2011, learned Special Judge dismissed the application.