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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANJARI NEHRU KAUL
Narinder Kumar Alias Nindi – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Manjari Nehru Kaul, J.
1. The petitioners are seeking quashing of order dated 22.06.2023 (Annexure P-15) passed by learned Sub Divisional Judicial Magistrate, Nangal in case FIR No.0030 dated 22.03.2023 under Sections 302, 323, 148, 149 of the Indian Penal Code, 1860 (for short, 'the IPC') (Section 427 of the IPC added lateron) registered at Police Station Nangal, District Rupnagar whereby application filed by them for grant of default bail under Section 167(2) of the Cr.P.C. was dismissed.
2. The case as set up by the prosecution may be summed up as thus: On 22.03.2023, at about 11:30 P.M., a phone call was received by the complainant that Mandeep Singh @ Bhoda and 7-8 other persons after entering the land under his ownership, were hurling abuses at him; on receipt of the phone call, he along with his driver Anil, Deepak Kumar and chowkidar Bahadar Singh, went to the spot in his vehicle, where Mandeep Singh @ Bhoda (petitioner No.2) along with Narinder Kumar @ Nindi (petitioner No.1), armed with dandas were already present along with 7-8 other persons. Petitioner No.2 on seeing the complainant, collided his vehicle with the vehicle of the complainant. When the complainant
(1) Default bail – Once challan has been filed, question of grant of bail has to be considered and decided only with reference to merits of case under provisions relating to grant of bail to accused ....
Default bail under Section 167(2) Cr.P.C. ceases once a charge-sheet is filed, irrespective of ongoing supplementary investigations.
The court established that an interim order preventing the filing of a charge-sheet negates claims for default bail under Section 167(2) Cr.P.C.
The main legal principle established is that the accused is entitled to default bail if the investigation is not completed within the mandated period, as per the legislative intent of section 167(2) ....
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