JAL KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner impugns order dated 7.1.2013 vide which her prayer for release on bail in terms of the default clause contemplated under Section 167 (2) Cr.P.C was declined.

(2.) The petitioner was arrested on 03.7.2012 in a case pertaining to the NDPS Act. She was produced before the Magistrate on 4.7.2012. On 31.12.2012 the petitioner would have completed 181 days in detention and non-submission of the challan within stipulated period of 180 days would have given her a right to be released on bail. On 31.12.2012 itself an application for extension of time for submission of challan/charge sheet was filed by the prosecuting agency. The petitioner in turn moved an application on 2.1.2013. Notice was issued in this application for 7.1.2013 and while considering the said applications pending before the Court it declined the prayer for bail while granting time to the prosecuting agency to submit its final report.

(3.) Learned counsel for the petitioner places reliance on a judgment of Hon'ble Supreme Court titled as Sayed Mohd. Ahmed Kazmi vs. State, GNCTD and others, 2012 4 RCR(Cri) 875 and with reference to paras 24 and 25 presses home the advantage which he seeks to derive from such observations. The aforesaid paragraphs as extracted from the Hon'ble Supreme Court judgment are reproduced below:-