BRIJLAL CHOUDHARY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE applicants are facing trial and in judicial custody in connection with crime No. 14/13 for commission of offence punishable under Sections 409,465,467,468 and 471/34 of IPC. The trial magistrate framed charges against them on 23.04.2014. Revision preferred against the above charges were allowed by the revisional court by order dated 05.09.2014 and thereafter, the revisional court directed for consideration of framing of charges afresh and case was fixed for evidence on 07.05.2014. On said date summons were issued to witness Prakash, Sakshi and Praveen for their appearance before the trial court on 02.06.2014.

(2.) ON 02.06.2014 prosecution witness Prakash appeared before that court and he was examined, but counsel for accused/applicants herein sought time and thereafter record of the case was sent to the revisional court. The petitioner filed an application before the trial court on 08.09.2014 that they are in judicial custody since 16.09.2013 and charge -sheet was filed on 13.12.2013 and case was fixed for evidence on 07.05.2014 and before fixing the case for evidence, 60 days period has already been completed on 06.07.2014, therefore, they are entitled to be released on bail under Section 437(6) of Cr.P.C.

(3.) THE said application was opposed by the State on the ground that petitioner's counsel did not cross -examine prosecution witness Prakash and other witnesses could not be served and thereafter record was sent to the revisional court, and thus, looking to the nature and gravity of offence, petitioners are not entitled for the benefit of Section 437(6) of Cr.P.C.