Mechanical extensions of time for submission of the final report cannot defeat the accused's right to statutory bail.

JUDGMENT

Sudip Ahluwalia, J. - The instant Revision petition has been filed under Section 439 read with 167(2) of the Code of Criminal Procedure challenging the order dated 24.03.2021 passed by Ld. Addl. Sessions Judge, Fatehabad in case FIR No.277 dated 29.07.2020, registered under Sections 22-C, 27-A, 61, 85 of the NDPS Act, 1985, at Police Station Sadar Fatehabad, District Fatehabad.

2. Background of the matter is that the Petitioner was alleged to have been apprehended along with 2200 strips on 29.07.2020 with the contraband in the form of "Alprazolam Tablets" weighing 4 Kg 400 gms. He was produced before the Court on 30.07.2020 after which he was remanded to police custody for a day and on subsequent production before the Court on the next date (31.07.2020) he was remanded to judicial custody. As such according to him, he would have become entitled to statutory bail in terms of Section 36-A (4 of the NDPS Act read with Section 167(2) of the Cr.P.C.) after completion of 180 days on 27.01.2021 during which period no final report under Section 173 Cr.P.C. was submitted against him. However, before expiry of that period of 180 days, the Ld. Addl. Sessions Judge, Fatehabad in allowing an application on behalf of the State for extension of time for submission of the final report under Section 173 Cr.P.C, extended such time for a month. Thereafter, the State again sought extension of time vide a fresh application on 22.02.2021 Annexure P-3, which was allowed by the Ld. Court below again on the same date and consequently one month's time was extended to the Investigating Agency beyond 26.02.2021 for submitting its final report. But once again on 18.03.2021 vide a third application Annexure P-4 the prosecution sought further extension of time to submit its final report, which was again allowed by the Ld. Court below vide its order of the same date and further time for submission of the final report was extended by another two months beyond 27.03.2021. From the side of the Petitioner an application for seeking his release under Section 439 read with Section 167 (2) Cr.P.C. Annexure P-4 was filed on 23.03.2021. But the same was dismissed by the Ld. Court below vide its impugned order on 24.03.2021 with the following observations inter alia -

"9. The final report under Section 173 of Cr.P.C. has, no doubt, not been presented in the Court but this Court has granted two months more time to submit final report under section 173 of Cr.P.C. vide order dated 18.03.2021. As per the police reply, the petitioner/accused is also involved in one more case under NDPS Act, bearing FIR No. 247 dated 28.07.2020, under sections 22-C/27-A/61/85 of NDPS Act, Police Station Bhuna. The authority - Guriant Singh (a) Sona's case relied upon by learned counsel for the petitioner/accused is not applicable to the facts of the present case as facts of the present case and that case are not identical. "

3. It is undeniable that the Petitioner's application for release by way of default bail was filed only on 23.03.2021 at a stage when extension of time for submitting final report had already been granted by the Ld. Court below more than once on 22.02.2021 and 18.03.2021. To that extent the Petitioner's subsequent application for grant of statutory bail dated 23.03.2021 would appear to be untenable, since such bail was sought for at a stage when time for submission of final report had already been extended. Ld. Counsel for the Petitioner has nevertheless relied upon various judgments passed by Co-ordinate Benches of this Court to contend that the Petitioner's right to statutory/ default bail cannot be defeated by mechanical extension of time for such reasons as non-receipt of Chemical Examination Report/ FSL report or impending arrest of other accused persons.

4. In Hoshiar Simh (a) Gora vs. State of Punjab, Criminal Revision No. 2537 of 2018 decided on 17.11.2018, this Court had set aside the order of the Trial Court extending time for a period of three months for