K.C.PURI, J. - (1.) THE application stands allowed and the document Annexure P -2 is taken on record, subject to all just exceptions.
(2.) MAIN Case This is second bail petition. The earlier bail petition was filed on merits but the present bail petition has been filed for grant of regular bail by invoking the provisions of Section 167 (2) Cr.P.C. As per allegations of the prosecution, the petitioner was arrested on 25.06.2012, along with 5100 tablets of Phenotel. The said quantity was commercial in nature. The petitioner was produced before the JMIC on 26.06.2012. Learned counsel for the petitioner has submitted that application for grant of bail was moved on 02.01.2013 and notice of the said application was given for 03.01.2013 and the challan was presented on 04.01.2013. It is further submitted that the right to get bail after expiry of 180 days has culminated on 02.01.2013 and the same was exercised. It is further submitted that the said right cannot be curtailed by subsequent filing of the challan. To support this contention, he has relied upon authority ''Sayed Mohd. Ahmed Kazmi v. State, GNCTD and others ''
(3.) LEARNED State counsel has not disputed the factual position mentioned above. The learned trial Court dismissed the bail application relying upon the authority ''Pragyna Singh Thakur v. State of Maharashtra '' 2012 (1) RCR (Crl.) 302. In that authority, challan was presented on 89th day i.e prior to expiry of 90 days.;