PARVEEN AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of instant petition preferred under Section 482 of the Code of Criminal Procedure (for brevity "code") seeking qhashing of order dated September 16, 2015 (Annexure P-4) passed by learned Additional Sessions Judge, Jalandhar whereby, revision against order dated July 27, 2015 passed by learned Judicial Magistrate Ist Class, Jalandhar (Annexure P-3) in connection with FIR No. 74 dated May 15, 2015 registered at Police Station Bawa Khel, Distt. Jalandhar, under Section 306/34 IPC (Annexure P-1) has been dismissed.

(2.) Undisputedly, after the registration of above-referred FIR, petitioner was arrested by Investigating Officer on May 15, 2015 and he was sent to judicial custody on the very next day i.e. May 16, 2015. A report under Section 173 (2) of the Code was presented on July 24, 2015 i.e. after the expiry of a period of more than 60 days prescribed under the Code.

(3.) The contention of learned counsel for the petitioner is that after the expiry of a period of 60 days from the date of arrest of petitioner i.e. on July 14, 2015 an indefeasible right accrued to the petitioner to be released on bail as per provisions contained under Section 167 (2) of the Code. He duly moved an application for his release after having accrued right for bail on default of prosecution in not filing the challan within the stipulated period. However, an application moved by the petitioner was dismissed by learned Magistrate and revision preferred against that order was also dismissed which is absolutely illegal and against the settled cannons of law.