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2007 DIGILAW 741 (PNJ)

Kiran Sethi v. State Of Punjab

2007-03-29

SURYA KANT

body2007
Judgment SURYA KANT, J. 1. The petitioners seek their release on bail under Section 167 (2) Cr. P. C. in FIR No.187 dated 28.7.1999, under Sections 395/342 IPC and 25 of the Arms Act, registered at Police Station, civil Lines, Patiala. 2. As per the allegations contained in the FIR, a gang of young boys, aged about 20-22 years, committed robbery in a jewelry shop and took away along with them 9.5 kgs. of gold and cash amount of Rs.4-5 lacs. 3. The petitioners were arrested on 9.3.2006 on the basis of some extra judicial confession followed by disclosure statement of their co-accused. 4. It is stated by learned State Counsel, on instructions from surinder Pal, ASI, that the petitioners are members of a hard-core gang of robbers which is operating in northern India. It may be true that the petitioners, having regard to the gravity of the offence attributed to them, may not be entitled to be released on bail on merits, however, the fact remains that the investigating agency failed to present challan within the mandatory period of ninety days after the petitioners were arrested on 9.3.2006. It was after the expiry of the period of 90 days that they applied for their release on bail under Sec.167 (2) Cr. P. C. on 14.7.2006 which, however, has been declined to them by learned Judicial magistrate on the ground that during the pendency of the said bail application, challan was presented on 15.7.2006. 5. The aforesaid reason assigned by the learned Judicial magistrate is directly in the teeth of the mandate as contained in the judgment of the Hon ble Supreme Court in Uday Mohanlal Acharya v state of Maharashtra, 2001 (2) RCR (Crl.), 452. Consequently, this petition is allowed and the petitioners are directed to be released on bail under Sec.167 (2) Cr. P. C. , to the satisfaction of the Chief Judicial Magistrate at Patiala, who, in addition to the terms and conditions that he may like to impose upon the petitioners, shall also impose the following additional conditions:- (i) the petitioners, who are residents of Panchkula (Haryana) shall report at least twice a week to the Police station of their area and a report to this effect shall be regularly sent to the District Police at Patiala; (ii) the original passport, if any, of the petitioners shall remain deposited with the Court.