MANOHAR LAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C.) questioning the order dated 16.03.2018 passed by the Court of Additional Sessions Judge to the Court of Additional Judge, Katghora, Dist. Korba in Criminal Revision No.06/2018, by which, the Revisional Court, while affirming the order dated 04.01.2018 passed by the Judicial Magistrate First Class, Pali, District Korba in Criminal Case No. 185/2017, has rejected the Petitioners' application filed under Section 437 (6) of the Cr.P.C. for grant of bail.

(2.) Briefly stated the facts of the case are that the Petitioners, after obtaining the revenue papers recorded in their names with regard to the Government land, have sold it to someone else without any authority and have thus committed an offence. On account of the alleged crime, the Petitioners were arrested on 09.04.2017 in connection with Crime No.03/2017 registered at Police Station Kusmunda, District Korba for the offence punishable under Sections 420, 467, 468, 471, 474, 477-A and 120-B of the Indian Penal Code. After completion of investigation, the charge sheet was submitted by the concerned Police Station on 29.04.2017 before the learned Judicial Magistrate First Class, Pali, who in turn, has registered the case as Criminal Case No. 185/2017 against the Petitioners. The trial Court, based upon the materials available on record, has framed charges on 22.06.2017 against the Petitioners under Sections 420, 467, 468, 471 and 120-B while fixing the case for evidence on 05.07.2017. As the trial could not be completed within the period of 60 days from the date of evidence, the Petitioners have moved an application for grant of bail while invoking the provision prescribed under sub-section (6) of Section 437 of Cr.P.C.

(3.) The aforesaid application so made was rejected by the trial Court vide order dated 04.01.2018 observing inter alia that although the case was fixed for evidence on 05.07.2017 after framing charges on 22.06.2017 but the record was summoned by the Revisional Court on 14.07.2017 in a revision preferred by the Petitioners against the framing of charges and, record was thereafter received back from the concerned Revisional Court on 12.10.2017 and matter was continuously fixed for recording prosecution witnesses and requisite summons/warrants in order to secure their presence were issued promptly and, in consequence, while observing as such has rejected the said application for grant of bail affirmed further by the Revisional Court vide its order impugned dated 16.03.2018 in a revision preferred by the Petitioners.