SHARVANLAL CHOPRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This fourth bail application has been filed under Section 439 CrPC in connection with FIR No.211/2019 registered at Police Station- Renwal, Dist. Jaipur (Rural) for the offences under Section 420, 406 and 120-B IPC and under Section 66C and 66D of Information and Technology (Amended) Act, 2008.

(2.) Learned counsel for the petitioner submits that allegations against the petitioner are under Section 406, 420 IPC and the petitioner is in jail since 17.12.2019. Learned counsel submits that in view of the provisions contained under Section 437(6) Cr.P.C., the petitioner is liable to be released from custody as the trial has not been concluded within the period of 60 days from the first date fixed for taking evidence in the case. It is stated that the first date fixed for taking evidence was 18.12.2020 and more than 60 days have lapsed thereafter and the trial has not been concluded. Learned counsel submits that taking into consideration the nature of allegations and that the offences are triable by Magistrate, the petitioner ought to be released on bail in light of the judgment passed by the Supreme Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in AIR 2012 SC 830 and other connected appeals.

(3.) Per contra, learned Public Prosecutor opposes the bail application and submits that there are direct allegations against the petitioner. Witnesses have been examined only from 20.1.2021 and therefore, the provision of Section 437(6) Cr.P.C. would not apply. He further submits that an application for releasing the petitioner under Section 437(6) Cr.P.C. ought to be moved before the concerned Magistrate.