GULAM BHAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Petitioner has preferred this CRMP under Sec. 482 of the Code of Criminal Procedure (in brevity Cr.P.C.) for quashing the order dtd. 13/4/2018 passed by Addl. Sessions Judge, Durg in Criminal Revision No. 000048/2018 and order dtd. 6/3/2018 passed by JMFC, Durg in Criminal Case No. 11/2017 and his application filed under Sec. 437(6) of Cr.P.C. may be allowed.

(2.) In brief petitioner's case is that he is facing trial for the offences punishable under Ss. 420, 467, 468, 409 read with Sec. 34 of IPC. Charges were framed on 7/11/2017. The trial is not concluded within a period of 60 days from the 1st date fixed for taking evidence i.e. 21/11/2017. His application filed under Sec. 437(6) of Cr.P.C. was rejected by JMFC Durg. He preferred revision which was also rejected by Addl. Sessions Judge, Durg. Both orders are illegal and arbitrary, thus, they may be set aside and he may be released on bail as per the provisions of Sec. 437 (6) of the Cr.P.C.

(3.) In brief, the case of the respondent is that petitioner and co- accused had induced investors to deposit amounts in Sahyog Bachat avm Sakh Sahkari Samiti Maryadit, they will get 3% interest. Petitioner and co-accused got deposited Rs.1,04,51,216.00 from 71 investors. They did not return back the amount along with interest to said depositors, they prepared forged valuable documents. Both impugned orders are just and proper and did not suffer from any infirmity. Thus, the instant petition may be dismissed.