LAL SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard on admission.

(2.) This petition under Section 482 of Cr.PC has been filed by the petitioner aggrieved by order dated 30-9-2011 in Criminal Revision No. 15/11 affirming order dated 20-9-2011 passed by the Trial Court rejecting the application for grant of bail under Section 437 (6)of the Cr.PC.

(3.) Learned Counsel for the petitioner submitted that the case was first fixed for recording prosecution evidence on 28-6-2011. However, the trial has not been concluded within a period of 60 days. Therefore, the petitioner is entitled to be released on bail. Learned Counsel for the petitioner submits that the learned Trial Court has rejected the application illegally without considering that the trial could not be concluded for various reasons which are not attributable to lapses on the part of the petitioner/accused and the case was adjourned on various dates fixed for recording evidence of the prosecution, because of failure of the prosecution in many ways. He submits that in these factual premises, the rejection of the application only on the ground of gravity of offence is illegal and unsustainable in law. In support of his submission, learned Counsel placed reliance on the decisions in the case of Haricharan Ramteke Vs. State of Chhattisgarh, 2001 2 MPHT(Chh) 51, Smt. Godawari Bai and others, 2004 4 MPHT(Chh) 5 and Ram Kumar @ Raj Kumar Vs. State of M.P., 2000 1 MPHT 661.