DAMODAR SINGH CHAUHAN Vs. STATE OF M P

JUDGEMENT

(1.) WITH the consent of both the parties, matter is finally heard.

(2.) THIS petition under section 482 of CrPC has been preferred by the petitioner for invoking the inherent powers of this Court. Brief facts, necessary for the disposal of this petition are as follows : Crime No. 426/01 was registered against the present petitioner at Police Station Guna for committing offence under section 409 of IPC.

(3.) THE contention of learned counsel for the petitioner is that the offence for which the petitioner is being tried is triable by a Magistrate First Class and the case was fixed for the first time on 19.8.2004 for recording the evidence in the case but the trial of the petitioner was not concluded within the period of 60 days and, therefore, the petitioner is entitled for bail under section 437 (6) of CrPC but the Courts below have erred in rejecting the application which is contrary to law.