RAM KISHAN YADAV Vs. STATE

JUDGEMENT

(1.) HEARD learned counsel for the complainant- petitioner, learned counsel for the accused and learned Public Prosecutor.

(2.) THE complainant-petitioner has filed this application under Section 439 (2) of the Code of Criminal Procedure for cancellation of bail granted to the accused non-petitioner No. 2 Hitesh by Shri Kailash Prashad Meena, Civil Judge (J. D.) & Judicial Magistrate (First Class), Tijara, District Alwar in case No. 23/794/04, FIR No. 171/2004.

(3.) THEREAFTER, the accused non-petitioner moved an application under Section 437 (6) Cr. P. C. on 10th Jan. , 2005 before the Civil Judge (J. D.) & J. M. (First Class), Tijara, Alwar on the ground that trial has not been concluded within 60 days from the date of framing of the charge, therefore, he should be released on bail. Shri Kailash Meena, Judicial Magistrate (First Class), Tijara vide its order dated 10th Jan. , 2005 allowed the bail application of the accused non-petitioner No. 2. The bail order dated 10th Jan. , 2005 is reproduced as under:- *******