IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-25645-2011 (O&M) Date of Decision:23.09.2011 Pritam Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr. M.S.Sidhu, Advocate, for the petitioner. Mr. A.S.Rai, DAG, Punjab. ***** RAKESH KUMAR JAIN, J. (ORAL) This order shall dispose of CRM-M-25645-2011 which has been filed under Section 439 of the Code of Criminal Procedure, 1973 [for short “Cr.P.C.”] and CRM-51485-2011 which has been filed under Section 167(2) of Cr.P.C. for grant of regular bail in a pending trial case registered vide FIR No.70 dated 08.07.2011, under Sections 420, 465, 467, 468, 471, 120-B IPC at Police Station Arniwala, District Ferozepur. The application for bail under Section 439 Cr.P.C. was filed on 24.08.2011. The other application under Section 167(2) Cr.P.C. is filed on 21.09.2011. Learned counsel for the petitioner submits that so far challan has not been presented, whereas 60 days, as per Section 167(2)(a)(ii) of Cr.P.C., had already expired on 09.09.2011 during the pendency of the bail application filed under Section 439 of Cr.P.C. He has relied upon a decision of this Court in the case of Som Nath v. State of Punjab, 2011(3) RCR (Criminal) 515 to contend that since the maximum sentence under Section 467 Cr.P.C. is extendable upto 10 years, therefore, the provisions of Section 167(2)(a)(ii) would be applicable as Section 167(2)(a)(i) would apply to a case where the sentence is not less than 10 years. He further submits that since the bail application has already been filed under Section 439 of Cr.P.C. and the challan has not been presented till date, therefore, [ 1 ] CRM-M-25645-2011 (O&M) this Court can even grant bail under Section 167(2) of Cr.P.C. which has been separately filed and is numberd as CRM-51485-2011. Learned State Counsel, on instructions received from ASI Punjab Singh has conceded that the challan has not been presented so far and the period of 60 days had expired on 09.09.2011 as the petitioner was arrested on 11.07.2011. Keeping in view the fact that the present case is squarely covered by the decision of this Court in Som Nath’s case (supra), the present petition is hereby allowed and the petitioner is ordered to be released on bail by the learned Trial Court on his furnishing bail bonds to its satisfaction. September 23, 2011. ( Rakesh Kumar Jain ) vinod* Judge [ 2 ] CRM-M-25645-2011 (O&M)