MOHIT RAM KAUSHIK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") is directed against the order dated 24-7-2010 (Annexure P-1) passed by the Additional Sessions Judge, Dantewada in Criminal Revision No. 16/2010 whereby the order dated 30-4-2010 passed by the Chief Judicial Magistrate, Dantewada, has been upheld. The Chief Judicial Magistrate, Dantewada vide its order dated 30-4-2010 rejected petitioner's application for release on bail under Section 437 (6) of the Code.

(2.) THE petitioner is facing trial for alleged commission of offence under Sections 409,420 of the IPC in Criminal Case No. 35/2010 pending before the Chief Judicial Magistrate, Dantewada. THE petitioner moved an application under Section 437 (6) of the Code before the Trial Court submitting that the charges were framed on 21-1-2010, and thereafter, the case has been listed for recording of evidence of the prosecution witnesses, however, the trial has not been concluded within a period of 60 days from the first date fixed for taking evidence, the petitioner is entitled to be released on bail. THE said application has been rejected vide order dated 30-4-2010 and revision has been preferred against that order and the same has also been dismissed.

(3.) UPON perusal of order dated 30-4-2010 passed by the Chief Judicial Magistrate, Dantewada rejecting the application under sub-section (6) of Section 437 of the Code, it is found that the learned Magistrate did not consider it proper to release even after the expiry of period of sixty days on the ground that while rejecting petitioner's application for grant of regular bail, this Court directed the trial to be expedited and to conclude the same expeditiously, preferably within a.period of six months. This is the only consideration regarding application for grant of bail under sub-section (6) of Section 437 of the Code, which has been rejected and no other reasons have been stated.