SHINDER KAUR Vs. STATE OF PUNJAB
LAWS(P&H)-2014-1-426
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 08,2014

Shinder Kaur Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

- (1.) CR . Misc. No.45 of 2014: For the averments made in the criminal miscellaneous application, documents Annexures -P.5 to P.18 filed along with the application, are taken on record subject to just all exceptions. The criminal miscellaneous application stands disposed of. Cr. Misc. No.M -40440 of 2013:
(2.) THE petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.62 dated 23.4.2013 registered at Police Station City Dhuri, District Sangrur for the offence under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act').
(3.) LEARNED counsel for the petitioner contends that the petitioner was arrested on 23.4.2013 and produced before the Court on 24.4.2013. After the expiry of 180 days, she filed bail application under Section 167 (2) Cr.P.C. on 23.10.2013. The prosecution also filed application for extension of time for presentation of challan on 24.10.2013. The trial Court dismissed the bail application filed by the accused -petitioner on 14.11.2013 and allowed the application filed by the prosecution for extending the time for two months for presentation of challan. On the other hand, learned Assistant Advocate General, Punjab opposed the bail petition. However, he admitted that the accusedpetitioner was arrested on 23.4.2013 and produced before the Court on 24.4.2013. He also admitted that the petitioner filed bail application on 23.10.2013 after the lapse of 180 days and the prosecution filed application on 24.10.2013 for extension of time, which he argued, has been correctly allowed by granting extension of two months time. He argued that as the extension was granted, therefore, the petitioner was not entitled for bail under Section 167(2) Cr.P.C.;


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