GURCHARAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this petition under Sec. 482 of Code of Criminal Procedure, the petitioner seeks the quashing of order dated 13.11.2015 (Annexure P2), passed by the learned Judicial Magistrate 1st Class, Panchkula under Sec. 167(2) of Code of Criminal Procedure vide which application of the petitioner for releasing him on bail under Sec. 167(2) of Code of Criminal Procedure was dismissed. Also challenged is the order dated 1.12.2013 (Annexure P5), passed by the learned Additional Sessions Judge, Panchkula, vide which the revision of the petitioner was dismissed.

(2.) The undisputed facts of the case are that one FIR No. 99 dated 5.8.2015 was registered regarding the murder of Mukul Bhardwaj. During the course of investigation, the police found that the present petitioner, namely, Gurcharan Singh @ Mintu is involved in the crime. Accordingly, the present petitioner was arrested by the police on 14.8.2015 and was produced before the learned Judicial Magistrate 1st Class, Panchkula on 15.8.2015. As per the report of the Ahlmad, on 10.11.2015 at about 4.45 PM, the police filed the challan before the Ahlmad of the Court. On 13.11.2015, the present petitioner moved an application under Sec. 167(2) of Code of Criminal Procedure for grant of bail on the ground that the period of 90 days has elapsed but challan has not been presented. Therefore, he has acquired indefeasible right of bail. The learned Magistrate called for the report of the Ahlmad, on which the Ahlmad reported that the challan was filed before him on 10.11.2015 at 4.45 PM. The Ahlmad accordingly produced the challan before learned Judicial Magistrate 1st Class, Panchkula. The learned Magistrate took the view that even if the challan had not been presented on 10.11.2015 even then the period of 90 days has not elapsed since the accused was produced for the first time before him on 15.8.2015 and the said day i.e. 13.11.2015 is 90th day of investigation. Hence the application was dismissed.

(3.) Aggrieved by the said order, the present petitioner preferred a revision before the learned Additional Sessions Judge, Panchkula, wherein the learned Additional Sessions Judge has computed that from 15.8.2015 to 12.11.2015 the total period comes to 90 days. The period was calculated as follows: - -