Surinder Gupta, J. - (1.) THE question which arises in this revision petition is as to whether the petitioner is entitled to bail under Section 167(2) Cr.P.C. after the expiry of the statutory period of 180 days even if the application for seeking extension is moved on the same day on which the application seeking the bail has been filed.
(2.) THE petitioner was arrested by the police of PS Begowal, District Kapurthala on 01.11.2012 and recovery of 1 kg of intoxicant powder was effected from his possession. After the expiry of 180 days he moved an application on 181st day seeking bail under Section 167(2) Cr.P.C. which was declined. The learned counsel for the petitioner has argued that the petitioner moved application seeking bail after the expiry of 180 days. The right of petitioner to get the statuary bail is not defeated even if the prosecution had sought extension of time for filing the challan by moving application on the same day. He has placed reliance on the observations made by this Court in the case of Khazan Singh @ Kala vs. State of Punjab, CRM -M -43682 of 2013; Shinder Kaur vs. State of Punjab CRM -M -40440 -2013 on 08.01.2014 and in the case of Gurvinder Singh @ Mannu vs. State of Punjab, reported as : 2013(4) RCR (Criminal) 892. Reliance has also been placed on observation of Hon'ble Supreme Court in the case of Sayed Mohd. Ahmed Kazmi vs. State, GNCTD and others, reported as : 2013, AIR (SC) (Cri.) 10 and Suresh Kumar Bhaikamchand Jain vs. State of Maharashtra and another, reported as : 2013(3) SCC 77.
(3.) LEARNED State counsel has argued that on the 181st day the prosecution had moved application seeking extension of time and on the same day the application of the petitioner, seeking statutory bail, was filed. As both the applications were moved on the same date the Court had to appreciate as to which application had merit. The mere fact as to which application was filed earlier or later on the same day is insignificant while deciding the matter. After looking into the matter the lower Court allowed extension of 30 days time from the filing of the challan, as such the right to seek bail under Section 167(2) Cr.P.C. did not survive. The challan in this case was presented on 23.05.2013 i.e. within extended 30 days period. As such the petitioner is not entitled to the right to seek bail under Section 167(2) Cr.P.C.;