MUSTAQUE ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Miscellaneous Petition has been filed for quashing the order dtd. 12/6/2024 passed by learned Judicial Magistrate-1st Class, Palamau at Daltonganj in G.R. Case No. 1146 of 2022 arising out of Panki P.S. Case No. 139 of 2020, whereby and whereunder, prayer for bail of the petitioner under Sec. 437(6) of the Cr.P. C. was rejected.

(2.) Learned counsel for the petitioner submits that petitioner is in judicial custody since 22/5/2022 and his earlier regular bail application was rejected by the Honb'le High Court. The charge has been framed on 6/10/2023 against the petitioner. Out of total 14 charge sheet witnesses, first date of examination of witness was on 3/1/2024 and as mandated by Sec. 437(6) of Cr.P.C., trial has not been concluded within 60 days from the first date fix for the recording evidence and there is no likelihood to conclude trial within a short span of time. 2. It is further submitted that the learned trial court has rejected the prayer for bail of the petitioner simply on the ground that huge amount of money is involved in this case. There is no whisper in the entire order that the petitioner is likely to abscond or has chance of fleeing away or there is any likelihood of hampering the trial of the case. Petitioner undertakes to corporate in the trial and abide all terms and conditions, which may be imposed.

(3.) On the other hand, learned Spl.P.P. had defended the impugned order and submitted that in view of gravity of charges against the petitioner and huge amount of cheating in this case. Hence, the petitioner has more probable chance to abscond.