MOHD SALEEM Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER , Mohd, Saleem has filed this revision petition against the order dated 7.1.97, passed by the learned Sessions Judge, Jammu whereby his application for being enlarged on bail was rejected. The petitioner was accused to have committed offences under sections 341,343,364,366,34 RPC and he was taken into custody on 17.6.96. The police had failed to produce the challan within a statutory period of sixty days and thereafter the petitioner made an applications before the learned Chief Judicial Magistrate, Jammu where in release on bail under section 167 Cr.P.C. was claimed. During the pendency of the application, the challan was produced on 28.9.96, before the said Magistrate who committed the case for trial before the learned Session Judge, Jammu.

(2.) THE learned Sessions Judge disposed of the bail application by holding that the applicant had a statutory right of being bailed out, till the challan was produced. That after the submission of the final report, section 167 Cr.P.C. becomes inoperative and the proceedings are governed by other relevant provisions of the code of criminal procedure.

(3.) THIS order has been challenged on the ground that on the non -production of the challan within a statutory period of 60 days, an indefeasible right had accrued to the petitioner for being let off on bail and the denial of this right is unconstitutional and illegal on its face which requires to be reversed in the exercise of revisional jurisdiction.