BHARATKUMAR RAMABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present Revision Application is filed under Sec. 397 read with Sec. 401 of Cr.P.C. against the order passed below Exh.198 in Criminal Case No.4384 of 2023, whereby, learned Chief Judicial Magistrate, Ahmedabad (Rural) has refused to grant relief under Sec. 437(6) of Cr.P.C. for releasing the accused on bail as trial against him is not concluded within a period of sixty days from the first date fixed for taking evidence.

(2.) Facts of the case are as under :

(3.) Learned advocate for the petitioner referring to few dates on record would submit that accused is behind bar since 28/12/2022. Charge-sheet was filed and Criminal Case No.4384 of 2023 was registered. Learned Magistrate framed charge on 6/11/2023. Recording of evidence started on 20/11/2023. It is submitted that offence against the accused is for non bailable offence, triable by learned Magistrate. Trial has not completed within 60 days from the first date fixed for taking evidence i.e. from 20/11/2023 and therefore, the petitioner was entitled to be released on bail. It is submitted that the word "shall" has been used in Sec. 437(6) of Cr.P.C., which indicates that provision is mandatory in nature. He would further submit that though provision of Sec. 437(6) of Cr.P.C. is mandatory in nature, learned Magistrate has failed to understand this aspect. It is submitted that 60 days to complete trial ended on 20/1/2024 and trial is not completed and 95 days has passed from the date fixed for recording evidence. Therefore, indefeasible right to get bail accures in favour of the petitioner.