PIPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of present petition, challenge has been made to an order dtd. 1/9/2021 passed by learned Judge, Special Court, Ferozepur, whereby, the bail bonds furnished at the instance of petitioner in pursuance to an order dtd. 27/8/2021 granting regular bail in his favour under Sec. 167(2) of the Code of Criminal Procedure was declined.

(2.) The facts of the case are that having been implicated in case FIR No.25 dtd. 27/2/2021 under Sec. 22/61/85 NDPS Act, 1985, registered at Police Station Sadar, Ferozepur, District Ferozepur, the petitioner moved an application for grant of concession of regular bail invoking the provisions of Sec. 167 (2) of the Code of Criminal Procedure. The aforesaid application was presented before the Special Court at Ferozepur on 27/8/2021 pointing out that final report in case FIR No.25 dtd. 27/2/2021, registered against the petitioner was not presented by the investigating agency by that time. The Special Judge, Ferozepur, vide order dtd. 27/8/2021, granted the benefit under the provisions of Sec. 167 (2) of the Code of Criminal Procedure in favour of petitioner thereby, ordering his release on his furnishing personal bonds in the sum of Rs.40,000.00 with one surety in the like amount to the satisfaction of trial Court.

(3.) In pursuance thereof, the petitioner submitted his bail bonds/surety bonds before the concerned Court on 31/8/2021, whereupon, notice was issued for 1/9/2021. On the said date i.e. 1/9/2021, a prayer was made on behalf of petitioner for acceptance of bail bonds/surety bonds. On the other hand, the said prayer was opposed by respondents, on the plea that in the meanwhile, on 28/8/2021, the charge-sheet stood filed at the instance of investigating agency. After considering the fact that the chargesheet was presented on 28/8/2021, Learned Judge, Special Court, Ferozepur, dismissed the application of the petitioner vide order dtd. 1/9/2021. It is the said order which has now been assailed by way of present revision petition.