ATUL KUMAR SHRIVASTAVA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Cr.M.P. is directed against the impugned order passed by the learned Additional Sessions Judge, Raipur dated 30-11-2019 affirming the order passed by the Judicial Magistrate First Class rejecting an application under Section 437(6) of the Code of Criminal Procedure, 1973 preferred by the petitioner finding no merit.

(2.) The petitioner is standing trial for the offence under Section 408 of the Indian Penal Code, 1860 as he was arrested for that offence on 28-10- 2018 and charge-sheeted on 24-12-2018. His regular bail application has been rejected by the Judicial Magistrate First Class on 23-11-2018 by the Court of Sessions on 1-1-2019 and the application for grant of bail was preferred before this Court being M.Cr.C.No.1960 of 2019 which was dismissed on merits on 5-7-2019 and thereafter, second bail was dismissed as withdrawn on 18-11-2019 with liberty to file application under Section 437(6) of the Code of Criminal Procedure, 1973.

(3.) Thereafter, the present petitioner filed an application under Section 437(6) of the Code of Criminal Procedure, 1973 before the Judicial Magistrate First Class, Raipur stating inter alia that though charge was framed against him on 21-5-2019 and case was fixed for prosecution evidence on 30-5-2019 thereafter, the case was fixed on 13-6-2019, 25-6-2019, 9-7-2019, 23-7-2019, 6-8-2019, 2-9-2019, 16-9-2019, 30-9- 2019, 14-10-2019, 24-10-2019, 7-11-2019 and 21-11-2019, but there is no substantive progress in the trial and trial could not be concluded by 30-7-2019 within the period of sixty days as prescribed under Section 437(6) of the Code of Criminal Procedure, 1973. The said application was rejected on 22-11-2019 by the learned Judicial Magistrate First Class. Thereafter, the petitioner preferred revision against that order before the revisional Court and the revisional Court by that impugned order dismissed the revision against which this petition has been preferred stating that though sixty days has already been expired from 30-5-2019 the first date the case was fixed for recording of evidence of prosecution therefore, both the courts below committed legal error in not granting bail under Section 437(6) of the Code of Criminal Procedure, 1973. Therefore, the impugned order deserves to be set aside and he be released on bail extending the benefit of Section 437(6) of the Code of Criminal Procedure, 1973.