KULVIR SINGH @ LADDI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition under Section 439 Cr.P.C. has been filed for grant of regular bail to the petitioner in case FIR No. 124 dated 15.6.2014 registered under Sections 376, 506 IPC as well as Section 7/8 of Protection of Children from Sexual Offence Act, 2012 at Police Station Sadar Dhuri, District Sangrur.

(2.) Learned counsel for the petitioner contends that no offence is made out against the petitioner. The petitioner filed an application under Section 167 (2) of the Cr.P.C. for grant of bail as period of 90 days had expired and challan was not submitted before the trial Court. Learned counsel further submits that the petitioner is behind the bars since 23.7.2014 but the bail of the petitioner has been declined on the ground that challan has already been presented by the prosecution and in case the accused-petitioner is released on bail, it can only be on merits. Learned counsel has also relied upon the judgments of Hon'ble the Apex Court in the cases of Uday Mohanlal Acharya Vs. State of Maharashtra, 2001 2 RCR(Cri) 452, Union of India through CBI Vs. Nirala Yadav @ Raja Ram Yadav @ Deepak Yadav,2014 4 RAJ 265, of this Court in Sarabjit Singh @ Sabi Vs. State of Punjab, 2014 1 RCR(Cri) 341 and Rajwinder Singh Vs. State of Punjab passed in Crl. Misc. No. M-36637 of 2013 on 27.10.2014, in support of his contentions.

(3.) Learned counsel for the respondent-State opposes the bail of the petitioner on the ground that the petitioner was arrested on 23.7.2014 and challan was presented on the same date when an application was moved. The present petition has been filed for grant of bail under Section 439 Cr.P.C., whereas, the revision is maintainable against the order passed in the application under Section 167 (2) Cr.P.C.