ASHWANI KUMAR @ ASHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed against order dated 21.2.2013 passed by Judge, Special Court, Ludhiana vide which the bail application of the petitioner filed under Section 167(2) of the CrPC was dismissed.

(2.) An FIR No.114 dated 19.8.2012 was registered under Sections 22/25/61/85 of NDPS Act at Police Station Payal, District Ludhiana. The petitioner filed an application for grant of regular bail on merits which was dismissed vide order dated 8.1.2013. Thereafter the petitioner moved an application under Section 167(2) of the Code for grant of bail as challan was not presented within a period of 180 days and he was entitled to bail as per provisions of Section 167(2) of the Code. The said application was dismissed by learned Judge, Special Court, Ludhiana vide order dated 21.2.2013 on the ground that challan was presented during the pendency of bail application for consideration. It was mentioned in the order that in case the bail application is filed and the same is pending for consideration and during that period the challan is presented then right to release on bail under Section 167(2) of the Code would be lost.

(3.) Learned counsel for the petitioner submits that provisions of Section 167(2) of the Code are mandatory which gives absolute right of bail to the petitioner in case the challan is not presented within the prescribed period. Learned counsel also submits that the challan was not presented within 180 days and the petitioner was having a right to be released on bail as per provisions of Section 167(2) CrPC. Learned counsel has also relied upon three Bench decision of Hon'ble Supreme Court in Sayed Mohd. Ahmed Kazmi v. State, GNCTD and others, 2013 AIR(SC) 152 judgment of this Court in Satnam Singh v. State of Punjab,2013 2 CriCC 358 as well as Raj Kumar alias Raju v. The State of Punjab, Crl.Misc. No.M-8155 of 2013, decided on 29.5.2013.