BANA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as the learned Public Prosecutor and perused the record of the case. Learned counsel for the petitioner submits that a case was registered against the petitioner under Sec. 420, 409, 467 and 471 I.P.C. and after framing of charges, the case was fixed for recording of the evidence on 18.2.08. It is stated that till date, statements of only four witnesses have been recorded though as per the mandate of provisions of Sec. 437(6) of Cr.P.C., the trial in this case should have been concluded within a period of 60 days as the matter is triable by the Magistrate, however, the trial has not been concluded within a period of 60 days from the date fixed for taking evidence and thus, the petitioner deserves to be released on bail. It is also submitted that the petitioner is behind the bars for more than two months.

(2.) Learned Public Prosecutor has opposed the bail application of the petitioner and submits that provisions of Sec. 437(6) are not mandatory in nature though word 'shall' has been used but that is to be considered as 'may' and otherwise the provisions itself provide that even if the trial is not concluded within a period of 60 days, then for the reason to be recorded, the bail may be refused, thus looking to the aforesaid, it is prayed that the bail application of the petitioner may not be accepted in view of the fact that the allegation against the petitioner is quite serious in nature and otherwise the trial would be concluded soon.

(3.) I have considered the rival submissions of the parties and perusal the record of the case.