GULAB SINGH BANJARE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure, 1973 (for short `the Code'), is for quashment of the order dated 15-7-2009 passed by the 2nd Additional Sessions Judge (F.T.C.), Janjgir in Criminal Revision No.44/2009, affirming the order dated 19-6-2009 passed by the Judicial Magistrate First Class, Champa in Criminal Case No.1664/2008, whereby learned Judicial Magistrate First Class has dismissed the application filed on behalf of the petitioners for bail in terms of Section 437 (6) of the Code.

(2.) Order is challenged on the ground that without any reasoned order both the Courts below have dismissed the application for release of the petitioners and thereby committed illegality.

(3.) Brief facts giving rise to this petition are that the petitioners are facing trial for the offence punishable under Sections 420, 467, 468, 471, 120B read with Section 34 of the I.P.C. and Section 4 of the Examination Act. The petitioners are in custody since 25-8-2008. The case is triable by the Magistrate. The Judicial Magistrate First Class, Champa has framed charge against the petitioners of the aforesaid offences and fixed the case first time for evidence on 15-4- 2009, but even after completion of 60 days, trial has not been concluded and the application for release of the petitioners filed under Section 437 (6) of the Code was dismissed by the Judicial Magistrate First Class on the ground that the prosecution has cited 64 witnesses, the Court is not the regular Court and having its Link Court at different place, and on the ground of heavy pendency of cases, the application for release of the petitioners on bail filed under Section 437 (6) of the Code was dismissed. The petitioners have preferred a revision against the said order and the same was also dismissed by affirming the order of the trial Court, vide the order impugned.