SANTOSH DUBEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) With the consent of the parties, the matter is heard finally.

(2.) The instant petition has been filed against the order dated 18.11.2016 passed by Additional Sessions Judge, Raipur in Criminal Revision No.342/2016 affirming the order dated 19.10.2016 of the Judicial Magistrate First Class, Raipur passed in Criminal Case No.20145/14 whereby application filed by the petitioner under Section 437(6) of Cr.P.C. has been rejected.

(3.) Facts of the case, in brief, are that the petitioner is facing criminal case No.20145/14 in relation to offence under Sections 420, 467, 468, 471 of IPC in the Court of Judicial Magistrate First Class, Raipur. He is alleged to have given a forged appointment letter on 15.7.2014 to one Alakhram Sahu and thereby grabbed Rs.1.10 lacs from him. On 20.11.2014 showing the petitioner absconder, Challan was filed before the trial Magistrate and on 25.2.2016 he was formally arrested when he was found in jail in connection with another case of like nature. On 8.2016 the trial Court framed charges against him under Sections 420, 467, 468 & 471 of IPC and the first date for recording evidence was fixed as 17.8.2016. However, as the trial could not be concluded within 60 days from 17.8.2016, the petitioner filed an application under Section 437(6) of Cr.P.C. for releasing him on bail, which was rejected by the trial Court vide order dated 19.10.2016. Against the said order the petitioner preferred a revision, however, by the impugned order dated 18.11.2016 the revision has also been dismissed.