MANJEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By filing this appeal, Manjeet Singh, has challenged the order dtd. 29/11/2022 passed by Additional Sessions Judge, Jalandhar, whereby, his application for grant of default bail under Sec. 167(2) Cr.P.C. was dismissed.

(2.) FIR No.76 dtd. 15/6/2022 under Ss. 124-A, 153-A, 153-B read with Sec. 120-B IPC and Sec. 13 of the Unlawful Activities (Prevention) Act, 1967 (amended, 2012) {for short 'UA(P) Act'} and Sec. 3 of Prevention of Defacement of Property Act, 1985 {for short 'PDPA, 1985'}, Police Station Division No.3, Jalandhar was registered against some unknown persons for writing 'Khalistan Zindabad' with black paint on the wall outside the office of one Gulshan Sharma. The appellant, who had been lodged in District Jail Karnal in some other case, was brought from the Jail on production warrant and arrested on 12/7/2022 in the instant case. Vide rapat No.28 dtd. 28/7/2022 offence under Sec. 124-A IPC was deleted and offences under Sec. 13 of the UA(P) Act and Sec. 3 of PDPA, 1985, were added. The statutory period of 90 days for the presentation of challan was to end on 10/10/2022 as no application for extension of time period was moved. The Police presented challan against the appellant on 8/10/2022 under Ss. 153-A, 153-B, 120-B IPC, Sec. 13 of the UA(P) Act and Sec. 3 of the PDPA 1985, without obtaining any sanction from the competent authorities under Sec. 45 of the UA(P) Act and Sec. 196 CrPC.

(3.) The case of the appellant was that the police report submitted under Sec. 173(2) Cr.P.C. without obtaining sanction of the competent authority could not be said to be a complete report. Hence he was entitled to grant of default bail under Sec. 167(2) Cr.P.C. This contention was rejected by the Ld. Court by holding that a police report containing the particulars as mentioned in Sec. 173(2) of the Cr. P.C. was a complete report and the absence of sanction would not render it incomplete. The appellant was held not entitled to be released on default bail.