State Of Punjab v. Avtar Singh


  

 
  
 
  

   !"#!$%"

&'()(



 

         





 &
 *+,( - ,- ,, + ****   

   ! 

 

"

" ! 

#  ! 





 -

!!."/012 ( $%& ' 

 ()# *  

 #   -   

 +.%/ / *  0

! 1 2 

#   %..(3.3% *

!/ ! # - 

 %4,$3&/ / * 

 -      0    *    5  # / 5* * %6. * $3&  

*!     8  *! #      *   # 

#    %..(3.3% - -   %9.(3.3% 

   !  #  -    .4.63.3%      # 8# :#; $

< 077&! 

-  39.(3.33    5

#    *)-= %9.43.337  

- 2 -

  

     

 # !

  7          "

! # $ &        !# *  

# 

! - *)-= .(.43.39

#*  - 

*-  * :/  %9.>3.39 $9& <      #   !   !        

*!-    * #!   

* 7   - !  

  *!    

  #  * !   ! 

 5    

 *  !/   5

    

 

 $+& 
  
       

AIR 2002 SUPREME COURT 1201     *  %3- 

 0


  



   

  

  

     

   



 





  

    











  

    

      

 

                

  

   

  

 



 

      

! $(&  ()#   *   

5 * *-  #)  * #

- 3 -  *5  * ## *  #*



-  5 -  ! **  

- /     - 

 

  * 5    -       * 

       

      5   ! 5   $4&     !   0       * 5 !# 

 !       */  %..(3.3% The chain of events or to be precise the 'red-tape' attitude is writ large the way the prosecution has been conducting the matter right from the level of the trial court till the matter was ultimately filed before this Court on 13.09.2023. It is strange and rather astonishing that the order impugned herein was passed on 10.05.2021 and the limitation period of 90 days to file revision petition thereagainst was till 06.08.2021. The matter remained pending for approval by the State Government which was finally accorded on 23.05.2022 and even thereafter, it took more than a year and a half to finally approach this Court even after vetting by the Law Officer on 05.06.2023.

The casual and lackadaisical approach of the State machinery in handling or conducting the court cases, not in this case individually but as a whole in other matters also, unfortunately result in rejection of even meritorious petitions. This Court is not inclined to let go with such bureaucratic officialdom.  $,& ? #!t becomes worthwhile to note that the order impugned by the State of Punjab is against the grant of default bail to the petitioner under Section 167(2) CrPC as the prosecution failed to submit or seek extension within the time-frame set out under the statute i.e. within 180 days.

- 4 - Before the trial court also, the prosecution proved its lethargy and red-tapism in not timely submitting the challan or even approaching the Court seeking extension to submit the final report. For the inaction on the part of the State Government, the respondent cannot be made to suffer.  $6& @    #    !    1  

    # ?  #!   0     #1  *    

   /      

   !       

 # #  ) *         #        =     #   -    

    # *   #-

/  $>& =   * .(.,3.3+ ""  3-

!!."/014

/0!

1. Whether speaking/reasoned?

Yes/No

2. Whether reportable?

Yes/No