JUDGMENT

Jasgurpreet Singh Puri, J. (Oral). Present petition has been filed under Section 482 Cr.P.C for quashing of the impugned order dated 16.12.2020 (Annexure P-3) passed by the learned Additional Sessions Judge, Bhiwani vide which the petitioner was directed to surrender before the learned Trial Court within 10 days.

2. The petitioner was taken into custody on 06.05.2020 and on the expiry of period of 60 days the petitioner was granted default bail under Section 167(2) Cr.P.C vide Annexure P-2 dated 06.07.2020. Since the challan of the case was not presented, the aforesaid order was passed by the Sub Divisional Judicial Magistrate, Tosham on the ground that since 60 days have expired the petitioner is entitled to default bail.

3. However, the State of Haryana filed revision against the aforesaid order in the Court of Additional Sessions Judge, Bhiwani and vide Annexure P-3 dated 16.12.2020, the Additional Sessions Judge, Bhiwani set aside the aforesaid order with a direction to the accused to surrender before the learned Trial Court within 10 days from the date of the order.

4. The subject matter involved in the present case was that as to whether the petitioner could have been en