MANOJ AGARWAL Vs. STATE OF M P

JUDGEMENT

(1.) WITH the consent of learned counsel for both the parties, this application under Section 482 of the Code of Criminal Procedure is being heard and disposed of finally.

(2.) THE applicant was prosecuted under Section 394 read with Section 120-B of the Indian Penal Code and he is being tried by Additional Chief Judicial Magistrate, Raipur in Criminal Case No. 340/2000. The case was fixed for evidence on 7-6-2000 and the case could not be decided within sixty days of the date of Fixing the case for evidence for the first time. Thereupon, an application was made under Section 437 (6) of the Code of Criminal Procedure for grant of bail alleging that sixty days have already expired on 7-8-2000 and the applicant is entitled to grant of bail under sub-section (6) of Section 437" of the Code of Criminal Procedure.

(3.) THE learned Trial Magistrate rejected the application for bail stating that on 7-6-2000, the case could not be taken-up because the record of the case was summoned by 5th Additional Sessions Judge, Raipur in a criminal revision. Then on 27-7-2000, the case was sent to the Sessions Judge for consideration of application for bail.