HARICHARAN RAMTEKE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) HEARD. Case-diary perused. M.Cr.C. No. 1226 of 2001 so also M.Cr.C. No. 2187 of 2001 have been filed under Section 482 Cr.P.C. mainly on the ground that from the first date of recording the evidence of the prosecution more than 60 days have passed but till date the trial is not completed and is the accused had remained in jail for that entire period of 60 days and more they deserve to be released on bail.

(2.) LEARNED counsel for the applicants placing their strong reliance on the language of Section 437(6) Cr.P.C. submit that an accused is entitled to be released on bail unless the Court records reasons in writing that he is not entitled to be released on bail. They submit that the prosecution agency could not keep their witnesses in attendance and the Court taking a very platonic and in human approach in the matter is adjourning the case unnecessarily. They submit that the applicants are in jail for almost more than one year, therefore, at this stage they deserve to be released.

(3.) LEARNED counsel for the State has opposed the application. I have heard the parties. I have also gone through the orders passed by the Courts below. Section 437(6) of the Code of Criminal Procedure reads as under :-