SUJAY CHATTERJEE @ NIGAM PANDA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Cr.M.P. is directed against the impugned order passed by the learned Sessions Judge, Raigarh (C.G.) dtd. 2/9/2021 affirming the order passed by the Judicial Magistrate First Class, Raigarh (C.G.) rejecting the application under Sec. 437(6) of the Code of Criminal Procedure, 1973 preferred by the petitioner finding no merit.

(2.) Petitioner is facing trial before the trial court under Ss. 467, 468 and 471 of the Indian Penal Code. The charge-sheet was filed against the petitioner before Judicial Magistrate First Class on 22/2/2021, learned trial court framed charges against the petitioner on 10/3/2021 and trial was fixed for prosecution evidence and on 13/8/2021, petitioner filed application under Sec. 437(6) of Cr.P.C. before the learned Judicial Magistrate First Class, Raigarh stating inter alia that though charge was framed against him on 10/3/2021 and case was fixed for prosecution evidence on 24/3/2021, 3/4/2021, 15/6/2021, 25/6/2021, 9/7/2021, 22/7/2021, 29/7/2021 and 12/8/2021, but there is no substantive progress in the trial and it could not be concluded within the period of sixty days as prescribed under Sec. 437(6) of the Code of Criminal Procedure, 1973. The said application was rejected on 13/8/2021 by the learned Judicial Magistrate First Class. Thereafter, the petitioner preferred revision against that order before the Revisional Court and the Revisional court by the impugned order has dismissed the revision against which the petition has been preferred stating that though sixty days has already been expired from 10/3/2021 the first date i.e. 24/3/2021, the case was fixed for recording of evidence of prosecution therefore, both the courts below has committed error in not granting bail under Sec. 437(6) of the Code of Criminal Procedure, 1973, the impugned order deserves to be set aside and he be released on bail extending the benefit of Sec. 437(6) of the Code of Criminal Procedure, 1973.

(3.) Mr. Krishna Tandon, learned counsel for the petitioner, submits that the impugned order passed by learned Sessions Judge is against the well-settled principle of law prescribed under Sec. 437(6) of Code of Criminal Procedure. Learned courts below failed to appreciate the fact that petitioner is in jail since 29/11/2020 till then not even a single witness has been examined by the court below, the learned court below contended in the order sheets that due to COVID-19 pandemic, the trial has been delayed, but even taking the reason of delay due to COVID-19 pandemic consideration, then also the trial has not been started yet, and as per Sec. 437(6) of Cr.P.C. the petitioner is liable to be granted bail, which is his Constitutional Right. Learned court below mentioned in its order sheets that there are overall 1228 cases pending before the Judicial Magistrate First Class, Raigarh (C.G.), due to that petitioner's trial process is taking time and except framing of charge, no material progress has taken place before the court below, till date, not a single witness has been examined, whereby the prosecution has cited as many as 11 witnesses. Petitioner has filed order-sheet of the criminal case which shows that the case was fixed for recording of evidence on 24/3/2021 and till date, no prosecution witnesses have been examined. Order-sheets reflect that the evidence could not be recorded because of adjournment sought by the prosecution and non-availability of witnesses, therefore, the petitioner may be granted bail for delay in trial. He further submits that the offence registered against the petitioner is triable by the Judicial Magistrate First Class and as per Sec. 437(6), he is entitled for bail. Reliance has been placed in the case of Suneshwar Singh Thakur Vs State of Chhattisgarh in CRMP No. 1447/2016 vide order dtd. 10/3/2017.