VIKRAMJEET SINGH @ VICKEY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant revision petition is directed against the order dated 11.5.2015 passed by the trial Court whereby an application filed by the investigating agency seeking extension of time for submission of final report pertaining to FIR No.245 dated 15.11.2014, under Sections 399, 402 of the Indian Penal Code, 25 Arms Act and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'), registered at Police Station Sadar Tarn Taran has been allowed. Further challenge is to the order dated 16.5.2015 in terms of which an application preferred by the petitioner under Section 167(2) of the Code of Criminal Procedure seeking benefit of bail has been declined.

(2.) Suffice it to notice that the petitioner was arrested on 15.11.2014 and as per prosecution version, an alleged recovery of 260 grams of contraband and 315 bore pistol along with six live cartridges was effected from him. Since the statutory period of 180 days for presentation of challan was expiring on 14.5.2015, the investigating agency preferred an application dated 7.5.2015 under Section 36-A of the Act seeking extension of time. In terms of order dated 11.5.2015, a period of three months' extension was granted by the trial Court for filing of the report under Section 173 of the Code of Criminal Procedure. On the other hand, petitioner moved an application dated 16.5.2015 under Section 167(2) of the Code of Criminal Procedure seeking benefit of bail, but the same has been dismissed vide impugned order dated 16.5.2015 holding the same to be not maintainable in view of the fact that extension for submission of challan had already been granted.

(3.) Having heard learned counsel for the parties at length, this Court is of the considered view that the present petition deserves to be allowed.