BHANWAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a second bail application moved by the learned counsel for the petitioner. While the first bail application was pending a period of 60 days was over and he therefore, moved an application under Sec. 167(2) Cr.P.C. before the learned Additional Sessions Judge on the ground that as the period of 60 days was over and since the offence alleged was punishable with imprisonment for less than ten years he was entitled to be released from detention.

(2.) The application moved by the petitioner was considered and rejected by the learned Additional Sessions Judge vide his order dtd. 4/6/2021 and thereafter petitioner has moved the present second bail application under Sec. 439 Cr.P.C. before this Court.

(3.) A query was made by this Court to learned counsel for the petitioner to satisfy as to how the bail application under Sec. 439 Cr.P.C. would lie against an order rejecting application under Sec. 167(2)(a)(i) of Cr.P.C. as the grounds for granting bail under Sec. 439 Cr.P.C. would not be relevant for examining an order of Court allowing or rejecting an application under Sec. 167(2)(a)(i) Cr.P.C.