RAJKUMAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Proceedings of this matter were taken for final hearing through video conferencing.

(2.) Can this Court in exercise of its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'the Code') admit the privilege of bail to the petitioner (accused turned approver) who has been granted pardon under Section 306(1) of the Code, during the pendency of trial by the jurisdictional Magistrate in view of the legislative bar engrafted under Section 306(4)(b) of the Code is the short question which has fallen for consideration in this petition on the following background: -

(3.) The petitioner along with other co-accused persons were arraigned in the FIR dated 29-6-2016 registered for offence punishable under Section 420 read with Section 34 of the IPC along with Section 10 of the Chhattisgarh Protection of Interest of Depositors Act, 2005. Accordingly, they were charge-sheeted before the jurisdictional Magistrate. The petitioner's application for anticipatory bail was rejected by this Court in M.Cr.C.(A)No.1127/2016 on 5-1-2017. Thereafter, he was arrested on 28-3-2017 and thereafter, his regular bail application was also rejected by this Court in M.Cr.C. No.3282/2017 on 13-11-2017 and his Special Leave Petition (Crl.) Diary No.6942/2019 was also rejected by the Supreme Court on 11-3-2019 with a direction to conclude the trial within one year from that day.