SHAFAIT AU Vs. STATE OF JAMMU AND KASHNMIR

JUDGEMENT

(1.) The petitioners, Shafait Ali and Shahid Hussain, involved in case registered under F.I.R. No. 14/2001 of Police Station Basohli for offences under Sections 302, 307, 396, 397, 120-B, 121-A, 341, 120 RPC, 3/25, 7/25 Arms Act and 4/5 Explosive Act and facing trial before the learned Sessions Judge, Kathura, have initiated this application for their release on bail under proviso to section 167 of the Code of Criminal Procedure.

(2.) The petitioners further stated that even if the prosecution story with regard to the date of arrest of the accused on 4-4-2001 is taken as correct, even then from 4-4-2001 to 2-6-200 1 when the petitioners were placed under detention, the prosecution failed to present the challan within sixty days. According to the petitioners, the period calculated from 4-4-2001 when the accused- petitioners are stated to have been arrested till their detention on 2-6-200 1, if calculated, it comes to sixty days. That the prosecution having not produced the challan within the stipulated period, as provided under the proviso to section 167 of the Code of Criminal Procedure, it gives an indefeasible right for being released on bail.

(3.) The spinal question that arises for consideration in this application is when can accused be said to be entitled to bail, as an indefeasible right of his being released on compulsory bail under proviso (a) to section 167(2) of the Cr.P.C. is reproduced hereunder: