RAMESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner seeks bail under Section 167(2) Cr.P.C on the ground that even after the conclusion of 90th day of since his arrest, challan was not presented to the Court. The admitted position is that soon after the conclusion of 90th day, the petitioner submitted an application for release on bail. The trial Court issued notice to the prosecution. During the pendency of that petition, charge-sheet was submitted. The short question, therefore, would be whether the petitioner would be entitled to get the benefit of 167(2) Cr.P.C. in such situation.

(2.) THE trial Court has relied on certain rulings and observed that if the challan is submitted before the accused is released on bail, he cannot be granted bail under Section 167(2) Cr.P.C.