AJAY BALMIKI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of the CrPC challenging the order dtd. 9/11/2022 passed by the Additional Judge to the Court of learned Additional Sessions Judge, Kawardha, District Kabirdham in Criminal Revision No.26/2022 upholding the order dtd. 27/7/2022 passed by the CJM, Kawardha in Criminal Case No.1268/2022, whereby the application preferred by the petitioner under Sec. 437 (6) of the CrPC for bail has been rejected.

(2.) Facts of the case are that complainant Neelam Banjara lodged an FIR alleging that some unknown persons called him through mobile phone and thereafter committed on-line fraud whereby he was cheated for an amount of Rs.5,89,908.00. Therefore, offence under Sec. 420/34 of the IPC and Sec. 66-D of the IT Act was registered by the Police Station Pipariya vide Crime No.188/2021. After completion of investigation, charge sheet was filed on 25/4/2022 and charge was framed on 9/5/2022 and the case was fixed for the prosecution evidence for the first time on 23/5/2022. However, the prosecution could not conclude the trial within a period of 60 days from the first day of taking evidence in the case i.e. 27/7/2022. Therefore, the petitioner has moved an application for releasing him on bail under Sec. 437 (6) of the Code of Criminal Procedure (for short 'the Code'), which has been dismissed by the CJM vide order dtd. 27/7/2022, which has been affirmed by the impugned order.

(3.) Learned counsel for the petitioner submits that the impugned orders are bad in law and against the spirit of Sec. 437 (6) of the Code. The said provision is enacted with an intent to expedite the trial and there is no fault on the part of the petitioner to conclude the trial within a reasonable time. As the provision of Sec. 437 (6) of the Code is mandatory in nature, so, learned counsel prays to quash the impugned orders. Reliance is placed in the matters of Rajiv Bhosle and others Vs. State of Chhattisgarh {2022 SCC Online Chh 287}, Santosh Dubey Vs. State of CG {2017 SCC Online Chh 1641}, Sunil Kumar Ojha Vs. State of Chhattisgarh {2016 SCC Online Chh 1487}, Chandraswami and another Vs. Central Bureau of Investigation {(1996) 6 SCC 751}, Atul Kumar Shrivastava Vs. State of Chhattisgarh {2020 SCC Online Chh 2373}, Atul Bagga (In Jail) Vs. State of Chhattisgarh {2009 SCC Online Chh 211}, Lal Sahu Vs. State of Chhattisgarh {2011 SCC Online Chh 403}, Sujay Chatterjee Vs. State of CG, through Judicial Magistrate 1st Class {2022 SCC Online Chh 526}, Ramanuj Singh Thakur Vs. State of Chhattisgarh {2016 SCC Online Chh 1604}.