Punjab-Haryana High Court
Manmohan Singh@Goldi vs State Of Punjab on 13 August, 2010
Crl. Misc. No. M -17793 of 2010 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
-.-
Crl. Misc. No. M -17793 of 2010 (O&M)
Date of decision:- 13.8.2010
Manmohan Singh@Goldi ... Petitioner
Versus
State of Punjab. ... Respondent
CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. Vijay Lath, Advocate, for the petitioner. Gurdev Singh, J (oral) Heard.
Notice of motion.
Mr. A.S.Brar, Sr. DAG, Punjab, accepts notice on behalf of the State of Punjab.
The petitioner - Manmohan Singh @ Goldi, has filed this petition under Section 439 and 167(2) of the Code of Criminal Procedure (hereinafter referred to as the 'Code'), for the grant of regular bail in FIR No. 142 dated 10.9.2009, registered under Sections 420, 489-A, 489-B, 489-C, 489-D and 120-B IPC and Sections 18 and 21 of the ND&PS Act 1985.
The petitioner is seeking the benefit of this bail on the ground that incomplete challan was presented against him in the Court as the report of Chemical Examiner was not made a part thereof. As the challan was incomplete so he is entitled to the benefit of proviso to Section 167(2) of the Code. Reliance has been placed on the judgment of Bombay High Court reported in Sunil Vasantrao Phulbande & anr. Vs. State of Maharashtra, Crl. Misc. No. M -17793 of 2010 (O&M) -2- 2003(2) RCR (Criminal) 171.
Learned State counsel has not been able to cite any judgment to the contrary.
In the said case, challan was presented in the offence under the NDPS Act, 1985, and the report of the Chemical Examiner was not filed. For that it was held that the charge-sheet was incomplete and the bail was allowed to the accused under Section 167(2) of the Code.
The ratio of this ruling fully applies to the facts of the present case. Therefore, the petition is hereby accepted. The petitioner is ordered to be released on bail to the satisfaction of the Judge, Special Court, Patiala.
August 13, 2010 (Gurdev Singh) tripti Judge