1. Captain Chatnayas application seeking release on bail in a case arising out of FIR No. 34/2008 registered at Police Station Gangyal under Sections 306/498-A RPC was rejected by 3rd Additional Sessions Judge, Jammu, on September 29, 2008. He has approached this Court seeking his release on bail.

2. I have considered the submissions of Shri Sethi appearing for the applicant and Shri Sharma, learned Additional Advocate General, appearing for the State in the light of judgments they had referred to at the time of consideration of this application.

3. Applicants counsels submission that applicant is entitled to his release on bail in view of the provisions of Section 167(2) of Code of Criminal Procedure, arises out of a misconception, in that, he treats the Final Police Report, the Police Challan, as it is commonly so known, which had been filed within the prescribed period of 60 days of applicants arrest, as an incomplete police challan because the investigation had not been completed by that time as the Investigating Police Officer would require some more time to record the statements of some of the witnesses under Section 161 of the Code of Criminal Procedure, who are stated to have

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