RAJEEV CHOUDHARY Vs. STATE

JUDGEMENT

(1.) BY way of present bail application, filed under Section 439 of the cr. P. C. , petitioner seeks regular bail in case fir No. 661/2007 registered under Sections 420/467/468/471/120b of the IPC at Police station Shalimar Bagh, Delhi.

(2.) LEARNED counsel for the petitioner submits that the present case is being tried by a Magistrate, who has the power to pass an order of sentence to a maximum period of three years and in case the Magistrate is of the opinion that the order of conviction is to be beyond three years. he can refer it to the acmm, who has further power to convict a person upto seven years. It is, also, contended that petitioner has been in custody for more than sixteen and a half months. Taking into consideration that the Magistrate has the power to pass an order of conviction to a maximum period of three years, the petitioner has already remained in custody for more than half the sentence, thus, it is a fit case for grant of bail.

(3.) IT is further contended by learned counsel for the petitioner that the interim bail was granted to the petitioner which was not misused nor petitioner sought extension. It is further contended that no delay can be attributed to the conduct of the petitioner to show that there was delay in filing of the charge sheet and, even otherwise, the petitioner has not been ascribed any specific role. It is lastly contepded that the CFSL report has been received as per which, neither the writing on the cheques, in question, is of the petitioner nor the same have been signed by the petitioner.