The main legal point established in the judgment is the jurisdiction of the Illaqa Magistrate to extend the investigation period and the petitioner's entitlement to default bail after the challan was filed.

JUDGMENT

Arvind Singh Sangwan, J. (Oral) - Prayer in this petition is for releasing the petitioner on bail as per provisions of Section 167 (2)(a)(i)(ii) of the Code of Criminal Procedure (for short 'Cr.P.C.'), during pendency of the trial, in FIR No.121 dated 18.11.2018 under Sections 302, 307, 452, 341, 427, 34 of the Indian Penal Code, 1860 (for short 'IPC'), Section 25 of Arms Act, 1959, Sections 3, 4, 5 & 6 of Explosive Substances Act, 1908 and Sections 13, 16, 18 & 18B of Unlawful Activities (Prevention) Act, 1967 (for short 'UAP Act'), registered at Police Station Rajasansi, District Amritsar.

2. Brief facts of the prosecution version, as per the FIR registered on the statement of one Arjan Singh, are that on 18.11.2018, he was present in Nirankari Bhawan, where a Satsang was going on and about 200 persons were present. The complainant was doing the duty of Security Guard on the main gate, when two young boys came on a motorcycle. One boy took out a pistol and told the complainant to stand near the washroom. The second boy went inside and threw a grenade in the Satsang Hall and thereafter, both of them ran away. Due to grenade explosion, 22 persons were seriously injured and later on, three persons died and others suffered multiple grievous injuries.

3. Learned senior counsel for the petitioner submits that the petitioner along with one co-accused Avtar was later on arrested on 21.11.2018 and he was produced before the Illaqa Magistrate for the purpose of extension of his judicial remand on 22.11.2018 and therefore, a period of 90 days was to expire on 19.02.2019. It is further submitted that in the meantime, on an application moved by the Public Prosecutor on 12.02.2019, seeking extension of time for presentation of challan, the Illaqa Magistrate, on 13.02.2019, passed the following orders: -

"Keeping in view the facts mentioned in the present application sensitivity of the matter and recovery made so far, I am of the considered view that thorough investigation is required in the present case and thus application stands allowed and period of investigation is extended to 180 days."

4. Learned senior counsel for the petitioner further submits that the aforesaid order was challenged by the petitioner and co-accused Avtar before the Court of Additional Sessions Judge by way of filing a criminal revision petition and this order was set aside by the revisional Court on a technical ground that the Illaqa Magistrate has no jurisdiction to entertain the application for extension of period of investigation, as per notification of the Govt. of Punjab dated 10.06.2014, which reads as under: -

"In exercise of power conferred under sub section (1) of section 22 of National Investigation Agency, 2008 (Central Act No.34 of 2008), and all other powers enabling him in this behalf, the Governor of Punjab, with the concurrence of Hon'ble Chief Justice of the High Court of Punjab & Haryana, Chandigarh is pleased to constitute the Courts of Sessions Judge and the First Additional Sessions Judge (for the area falling within their respective jurisdiction), at each district headquarter in the State, to be the "Special Courts" for the trial of offences as specified in the Schedule appended to the aforesaid Act, which was investigated by the state police."

5. The revisional Court held that since the trial in the present FIR is to be conducted by a Special Court, the Illaqa Magistrate has no jurisdiction to extend the period under Section 167 (2) Cr.P.C. It is a matter of record that neither the State nor the complainant challenged this order dated 13.02.2019, vide which the Illaqa Magistrate extended the period beyond 90 days i.e. upto 180 days, to submit the report under Section 173 Cr.P.C. In the meantime, the petitioner filed an application for grant of default bail, which was declined by the Illaqa Magistrate vide order dated 25.02.2019, observing that since the period of presentation of challan/completion of investigation stands extended upto 18