RAJESH VIJAY AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) This petition has been brought under Section 482 of the Code of Criminal Procedure with a prayer to quash the impugned order passed by the Learned Additional Sessions Judge, Kunkuri, District Jashpur, Chhattisgarh in Criminal Revision No. 6 of 2017 dated 29.3.2017, upholding the order of Judicial Magistrate First Class, Patthalgaon in Criminal Case No. 260 of 2015 refusing to grant bail to the petitioner under Section 437(6) of the Cr.P.C.

(3.) It is submitted by counsel for the petitioner that the petitioner is facing trial for the offences under Sections 409, 420, 120-B read with Section 34 of the Indian Penal Code. The petitioner was charged for the offences on 5.10.2015 and the first date of hearing was fixed on 14/10.2015 thereafter, the evidence of the prosecution could not be completed within a period of 60 days from 14.10.2015. An application was filed by the petitioner on 28.11.2015 under Sections 437(6) of the Cr.P.C. which was dismissed by the trial Court and a revision preferred against this order of dismissal i.e., Criminal Revision No. 16 of 2015, was also dismissed on 18.12.2015. It is also submitted that the first application of the petitioner was rejected on the ground that a period of 60 days was not completed when the application was filed. Cri. M. P. No.132 of 2016 brought before this Court against the order passed by the Sessions Court was dismissed accordingly, as the application filed by the petitioner was premature, the petition was dismissed and the petitioner was granted liberty to file a fresh application under Section 437(6) of the Cr.P.C. before the trial Court.