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2014 (3) TMI 1220 - HC - Indian LawsSeeking grant of Regular bail - recovery of 45 bottles of Rexcof each weighing 10 ml. and 20 strips of Parvan Spas Capsules, each strip having 10 capsule (total 200 capsules) - seeking extension of time for filing final report under Section 173 Cr.PC on the plea that chemical report from the laboratory, had not been received - HELD THAT:- In similar circumstances, a co-ordinate Bench of this Court has considered exactly the same satisfaction recorded by the Public Prosecutor recorded in an application which was made for extension of time beyond 180 days of custody of the accused. While dealing with the same matter, the said co-ordinate Bench in JEEVAN SHARMA @ VICKY VERSUS STATE OF PUNJAB [2014 (1) TMI 1946 - PUNJAB AND HARYANA HIGH COURT] had observed Keeping in view the contents of the application moved by the public prosecutor for extension of time, I find that the matter would be squarely covered by the ratio of the law laid down in Sanjay Kumar Kedias' case, as extension of time for presentation of “challan” was obviously sought on similar grounds as given in the case before the Apex Court, wherein such reason has been held to be not good for grant of extension of time. Right to be released on bail under proviso to Section 167(2) Cr.PC is indefeasible. It is enforceable by accused from time of default till filing of challan. But this right of accused to be released on bail would get extinguished if application under Section 167(2) Cr.PC is filed after the charge sheet is received by the court - Admittedly, the petitioner had moved application under Section 167(2) Cr.PC on 12.9.2013 whereas the challan had been filed on 1.11.2013. Application moved by the prosecution on 6.9.2013 before the Special Court being not in conformity with the conditions laid down in the proviso to Section 36A(4) of the Act becomes legally inconsequential. Thus, by setting aside order dated 21.9.2013 passed by the Special Court, Sangrur, this petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the Special Court, Sangrur.
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