BALAI CHANDRA DUTTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER 's counsel has relied on Bipin Shantilal Panchal v. State of Gujarat, 1996 Supreme Court Cases (Criminal) 202 and State of Himachal Pradesh v. Pirthi Chand and another, 1996(1) Criminal Court Judgments 629: [1996(2) All India Criminal Law Reporter 285 (SC)]. He contends that in this case challan was to be presented within 60 days. The petitioner was arrested on 2.7.1997 and he was produced in the Court on 3.7.1.997. He filed an application for grant of bail on 1.9.1997 the date on which 60 days expired. The trial Court issued notice to the State for 2.9.1997 and as on this date challan was presented, his bail application was declined.

(2.) THE above two judgments of the Apex Court do not lay down the law that even if challan is presented, bail application earlier filed by the accused should be allowed under Section 167(2) Proviso (a) of the Code of Criminal Procedure.

(3.) IN Sanjay Dutt's case (1994) 5 S.C.C. 410) the Apex Court has held that if the bail petition is not allowed till the challan is presented even though challan is presented beyond the statutory period, after presentation of the challan, indefeasible right available to the accused under Section 167(2) (a) of the Code of Criminal Procedure gets extinguished. Thereafter the petitioner -accused cannot be released on bail on default.