BALAN FLOREA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is a successive application for bail. The earlier application for bail preferred by the applicant bearing Criminal Bail Application No. 2461 of 2018 was dismissed as withdrawn with liberty to file a fresh application for bail before the Trial Court if the trial arising out of C.R. No. 595 of 2017 registered with Chaturshringi Police Station, Pune (City), under Ss. 419, 420, 468, 471, 474, 477 read with 34 of the Indian Penal Code, 1860 and under Ss. 43(A), 66, 66(C), 66(D) of the Information and Technology Act, 2000, now culminated into R.C.C. No. 1281 of 2018, pending on the file of Judicial Magistrate, First Class, 9th Court, Pune, does not conclude within one year from the date of passing of the said Order.

(2.) The applicants thereafter filed an application below Exhibit-30 before the Trial Court for bail under Sec. 437 (6) of the Criminal Procedure Code. The prosecution opposed the said application on the ground that, the applicants are citizens of country 'Romania' and have come to India on tourist Visa. If the applicants are released on bail, they may abscond and will not be available for trial. The prosecution also contended that, the offence alleged against the applicants is an economic offence and therefore also, the applicants may not be released on bail. The Trial Court by its Order dtd. 30/1/2019 rejected the said application. In the premise, the applicants have filed the present bail application under Sec. 439 of Cr.P.C. for non compliance of Sec. 437(6) of Cr.P.C.

(3.) Mr.Giri, learned counsel for the applicants submitted that, though this Court has dismissed the earlier application preferred by the applicants as withdrawn, the applicants are entitled to be released on bail, if the mandate of law as contemplated under Sec. 437(6) of Cr.P.C. is not complied with, i.e. if in any case triable by a Magistrate, the trial of a person accused of any nonbailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs.