IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-4655 of 2011(O&M) Date of Decision: 15.02.2011 Sanjeev Kumar .... Petitioner Versus Chandigarh Administration, Chandigarh ... Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. Jagdish Marwaha, Advocate for the petitioner 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) This is an application under Section 439 read with Section 167(23) Cr.P.C. seeking regular bail in a case FIR No. 253 dated 6.10.2010 under Sections 363/366/376 IPC registered at Police Station Sector-11, Chandigarh. Learned counsel for the petitioners has vehemently argued that age of the girl was of course less than 16 years but is about 15 years, hence, accused is entitled to be enlarged on bail in view of bail granted in the case of Dharamveer vs. State of Haryana, reported in 2001(1) RCR (Criminal) page 77. He has further argued that in the case of Dharamveer (supra) also offence was under Section 376 IPC. I do not agree with learned counsel for the petitioner. Bail order can not be treated as precedent, this is the settled position of law. Crl. Misc. No. M-4655 of 2011(O&M) 2 In the present case, offences against the accused are under Sections 363, 366 and 376 IPC. The prosecutrix has stated under Section 164 Cr.P.C. that she has been raped by the applicant. In the present case after investigation challan has already been submitted. Learned counsel for the petitioner further argued that since police has written in the challan that supplementary challan can be filed after receiving the report from the chemical analyst, therefore, partial challan filed by the police within 60 days shall not make the accused dis-entitled to seek bail in view of Section 167(2) Cr.P.C. I do not agree with learned counsel for the petitioner for the simple reason that after completion of investigation challan was filed, however, police has said that after receiving the report from the chemical analyst, same shall be produced before the Court along with supplementary challan. Dismissed. (ALOK SINGH) 15.02.2011 JUDGE reena