PRAKASH BAHPAKADIYA Vs. STATE OF C.G.

JUDGEMENT

(1.) This Cr.M.P. has been filed against the order dtd. 6/1/2023 passed by Additional Sessions Judge, Bhatapara, District Balodabazar Bhatapara in Criminal Revision No.60/2022 which has been preferred against the rejection order dtd. 23/12/2022 passed by Judicial Magistrate First Class, Simga in MJC No.213/2022, whereby the criminal revision has been dismissed and order of learned JMFC was affirmed.

(2.) Prosecution case in brief is that on the pretext of providing government job in the police department, the applicant has cheated the complainant, so the offence under Sec. 420 of IPC was registered against him. Thereafter, charge was framed by learned JMFC, Simga on 27/7/2022 and the case was fixed for evidence on 8/8/2022, however, evidence was not completed by the prosecution within a period of 60 days i.e. till 8/10/2022. So the petitioner moved an application for bail under Sec. 437 (6) of Code of Criminal Procedure (for short Cr.P.C.) before learned JMFC on 23/12/2022 which has been dismissed by the said Court. Thereafter, against the said order, the petitioner preferred criminal revision before the Court below which has also been dismissed and the order of learned JMFC was affirmed. Hence, this petition has been filed.

(3.) Learned counsel for the petitioner would submit that impugned orders passed by the Courts below are bad in law. The provision under Sec. 437 (6) of the Cr.P.C. was enacted to constitute legal right for a person and for speedy trial so both the Courts have committed wrong in not extending benefit to the petitioner. Learned counsel placed reliance on the judgment in the matter of Chandrawami and anothers Vs. CBI reported in (1996) 6 SCC 751 and orders of this Court in the matters of Mukesh Das Vs. State of CG (decided on 14/12/2017 in CRMP No.1385/2017), Suneshwar Singh Vs. State of CG (decided on 10/3/2017 in CRMP No.1447/2016), Santosh Dubey Vs. State of CG reported in 2017 (2) CGLJ 1. He has further placed reliance in the matter of Rajendra Vs. State of MP reported in 2003 (1) MPWN [16]; in the matter of Raman Kumar Vs. State of Punjab passed by the High Court of Punjab and Haryana on 17/8/2022 in CRM-M-18492-2022; in the matter of Biswajeet Barik Vs. State of Odisha passed by the High Court of Orissa At Cuttak on 14/10/2022 in BLAPL No.6971/2022. He submits that considering the observation made in the aforesaid matters, this Cr.M.P. be allowed and petitioner may be granted bail in compliance of Sec. 437 (6) Cr.P.C.