Surinder Gupta, J. - (1.) CRR -1041 -2014.
(2.) THE question which arises in this petition is as to whether the petitioner is entitled to statutory bail under Section 167(2) Cr.P.C. even if the challan has been presented after the expiry of the extended period allowed by the Court to file the challan but before the decision of the bail application. The petitioner has challenged the order dated 28.02.2014 whereby the application filed by the petitioner under Section 167(2) Cr.P.C. was declined.
(3.) BRIEFLY stated, the case of the prosecution is that the petitioner was arrested on 27.07.2013 and recovery of 520 grams of intoxicant powder was effected from his possession. On expiry of 180 days to file challan, vide order dated 20.01.2014 prosecution was granted time to file the challan till 25.02.2014. On 22.01.2014 the petitioner moved an application seeking bail under Section 167(2) Cr.P.C. which was kept pending and was taken up on 28.02.2014 on which date the prosecution filed the challan and the application was declined in view of the observation of the Hon'ble Supreme Court in the case of Sadhwi Pragyna Singh Thakur vs. State of Maharashtra reported as : 2011(4) Criminal Cases 289 (SC).;