Criminal Misc.-M No. 29314 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.-M No. 29314 of 2011 (O&M) Date of decision: 22.11.2011 Sukhdarshan Singh alias Darshan .. Petitioner Vs. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. A. B. S. Sidhu, Advocate for the petitioner. Mr. K. S. Pannu, Deputy Advocate General, Punjab. ... Rajesh Bindal J. Prayer in the present petition is for grant of bail to the petitioner under Section 167(2) Cr.P.C. considering the fact that after the arrest of the petitioner neither challan was presented within 180 days thereof nor any application for extension of time was filed within that period. Learned counsel for the petitioner submitted that the petitioner was arrested on 2.3.2011. He filed bail application in the court below on 5.9.2011 under Section 167(2) Cr.P.C. After notice was issued to the State, application for extension of time was filed on 6.9.2011. The learned court below vide order dated 7.9.2011 accepted the application for extension of time and dismissed the bail application as infructuous, ignoring the fact that neither application for extension of time was filed nor challan was presented within 180 days of the arrest of the petitioner, on account of which the petitioner had absolute right for release on bail. Learned counsel for the State did not dispute the fact that neither application for extension of time nor challan was presented within 180 days of the arrest of the petitioner and the application was filed only Criminal Misc.-M No. 29314 of 2011 [2] on 6.9.2011 for extension of time after the petitioner had applied for bail. However, he submitted that considering the huge quantity of medicines, which are used as drugs, recovered from the petitioner, he does not deserve concession of bail. Heard learned counsel for the parties. The issue as to what course is to be adopted in case the challan is not filed within 180 days after arrest of the accused, has been dealt with in Rakesh Kumar and another vs. State of Punjab, 2011(3) RCR (Criminal) 297, wherein this court held that in case of non-presentation of challan within the stipulated period, the accused gets indefeasible right of bail. Considering the enunciation of law, as referred to above, in my opinion, as the challan in the present case was not presented within 180 days of the arrest of the accused, the petitioner has right of bail. He is directed to be released on furnishing of bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Sri Muktsar Sahib. The petition stands disposed of. (Rajesh Bindal) Judge 22.11.2011 mk