VINODBHAI MANIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT Criminal Revision Application has been preferred against the order passed by the learned Sessions Judge, Gandhinagar dated 17 -1 -2008 in Criminal Misc. Application No. 566 of 2007, whereby bail was granted to the applicant under subsection (6) of Section 437 of Criminal Procedure Code, has been cancelled.

(2.) I have heard learned counsel appearing for the parties and looking to the facts and circumstances of the case, I see no reason to entertain present application mainly for the following facts and reasons :

(3.) IN view of the aforesaid provisions, there is an exception already mentioned in Section itself to the effect that if the Magistrate is satisfied with the reasons to be recorded in writing, the bail may be refused to the accused, even if, 60 days are over from the first date fixed for taking evidence. There is no such mathematical co -relation that once 60 days are over, from first date fixed for taking evidence, the bail must be granted to the accused. Looking to the gravity of the offence, quantum of punishment, manner in which the accused is involved and the evidence against the accused and looking to the overall impact of the offence upon the society and looking to such other factors, bail can be refused despite the fact that 60 days period is over from the first date fixed for taking evidence and if the trial is not over. The only condition under Section 437(6) of Code of Criminal Procedure for such refusal of bail, is to record reasons for not to enlarge the accused on bail. Once taking of his own handwriting on one hand, the accused may not prefer an application for adjournment and claimed bail under sub -section (6), Section 437 of Criminal Procedure, which has been decided by Orissa High Court in the case of Chhabi v. State of Orissa, 1995 (2) Crimes 622. Para 3 thereof read as under :