GURMIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed for grant of bail under S.439 of the Criminal P.C. (hereinafter referred to as Cr. P.C.) in case FIR No. 108 dt. 23rd July, 1987, Police Station Qadian, under S.302/449/34/120-B, Penal Code, after the bail was declined to the petitioner by the Additional Sessions Judge with the observations that she could not be admitted to bail on the sole ground that the charge-sheet had not been filed within the stipulated period of 90 days.

(2.) The learned Additional Sessions Judge has relied on a Division Bench judgement of this Court in Criminal Misc. No. 447/M/1976 (State of Punjab v. Nand Singh) decided on 17th Sept. 1976, and has ignored the verdict of a Full Bench of this Court in Surinder Kumar v. The State of Punjab, (1976) 78 Pun LR 643 , and has held that the right to be released on bail under the provisions of S.167(2) of the Cr. P.C., 1973 (No. 2 of 1974) gets extinguished on the filing of the charge-sheet.

(3.) For ready reference, the relevant part of S.167, Cr. P.C., is reproduced here :-