SARABJIT SINGH @ SABI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Learned counsel for the petitioner has addressed detailed arguments on the issue over a few dates, where, initially, this Court was not inclined to agree to the submissions made by the learned counsel, in respect of the applicability of Section 167(2) Cr.P.C. for grant of bail, in view of the fact that the decision on his application for bail, moved under that provision, was still under consideration of the trial Court when the report under Section 173 Cr.P.C. was presented and, as such, this Court was of the opinion that, as per the judgment in Sanjay Dutt vs. State through C.B.I. Bombay, 1994 5 SCC 410, bail could very well be declined on that very ground, i.e. presentation of the report under Section 173 Cr.P.C. during the pendency of the bail application.

(2.) However, Mr. Giri, learned counsel, has placed reliance upon a judgment of the Supreme Court in Uday Mohanlal Acharya vs. State of Maharashtra, 2001 2 RCR(Cri) 452, wherein, after considering Sanjay Dutt's case , it has been held as under:-

(3.) Thus, presentation of the report under Section 173 Cr.P.C., during the pendency of an application for bail, invoking the provisions of Section 167(2) Cr.P.C., obviously has been held to not take away the right of a person for grant of such bail under that provision.