Parveen Kumar Verma vs State Of Haryana
2023 Latest Caselaw 22299 P&H

Punjab-Haryana High Court

Parveen Kumar Verma vs State Of Haryana on 19 December, 2023

2023: PHHC: 163173
IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH
(112)
CRR-2890-2023
Date of Decision: 19.12.2023
PARVEEN KUMAR VERMA
...Petitioner
Versus
STATE OF HARYANA
...Respondent
CORAM: HON'BLE MR. JUSTICE ALOK JAIN
Present:- § Mrs. Kiran Bala Jain, Advocate
for the petitioner.
Mr. Tanuj Sharma, AAG, Haryana.
3h ie 2K 3k 2
ALOK JAIN, J. (Oral)

1. The present petition raises challenge to the order dated

20.11.2023 by virtue of which the application under Section 167 (2) Cr.P.C. had been dismissed.

2. Learned counsel for the petitioner submits that, admittedly, the said application is filed after 180 days and the respondent-authorities had not filed the challan, therefore, an indefeasible right had accrued in her favour and therefore, the Court could not have denied the same.

3. Per contra, learned State counsel submits that vide order dated 02.11.2023, the authorities were granted extension of time by invoking Section 36-A(4) of the NDPS Act and hence, the petitioner was not entitled to grant of default bail.

4. Learned counsel for the petitioner has relied upon the judgment passed by the Coordinate Bench in CRR-221-2023 dated 30.01.2023 titled as Sonu vs. State of Haryana, which after discussing the entire law, and

MOHIT relied upon the judgment of the Hon'ble Supreme Court that once the

2023.12.19 19:42 | attest to the accuracy and integrity of this document

CRR-2890-2023 -2- 2023: PHHC: 163173

accused has filed an application for default bail under Proviso to 167(2) Cr.P.C., then he is deemed to have 'availed of? his right to be released on default bail. Subsequent to the filing of the said application, if the authorities have submitted any FSL Report the same would not take away the right of the petitioner which had crystallized on date of filing of the said application.

5. The ratio of law submitted by the learned counsel for the petitioner could not be controverted by learned State counsel, the present petition is allowed and the order dated 20.11.2023 is set aside.

6. In light of the above, the petitioner is ordered to be released on bail conditionally subject to the satisfaction of the concerned trial Court/Duty Magistrate. It is, however, clarified that in case, the question of law is held against the present petitioner and is contrary to the law laid down in Ajit Singh alias Jeeta's and another vs. State of Punjab (in CRR-4659- 2015) decided on 30.11.2018 then the State would be at liberty to seek

cancellation/modification of this order, if warranted at that stage.

(ALOK JAIN) December 19, 2023 JUDGE Mohit Bishnoi Whether speaking/reasoned Yes/No Whether reportable Yes/No

MOHIT

2023.12.19 19:42

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