PRABIR KUMAR DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. P.S. Dayal, learned counsel appearing for the petitioner and Mr. Shekhar Sinha, learned A.P.P. appearing for the State.

(2.) In this application, the petitioner has prayed for quashing the order dated 02.05.2007 passed by learned Judicial Magistrate, Jamshedpur in connection with G.R. No. 1425 of 2015 arising out of Parsudih (Sundernagar) P.S. Case No. 129 of 2015, whereby and whereunder, the application filed by petitioner u/S. 437(6) of the Code of Criminal Procedure (Cr.P.C.) for grant of bail has been rejected.

(3.) It is alleged in the complaint case which was initially instituted that the accused Nos. 4 and 5 named in the complaint petition introduced themselves as Branch Head and Agent respectively of M/s. ICORE Jewellery and Gems Pvt. Ltd. and advised complainant to invest in the said company. After expiry of the period of one year the amount was never returned. Subsequently it was detected that the office was closed. The complainant went to Kolkata where he also found that the office of the company was closed. Based on the aforesaid allegation, a complaint case was lodged which was subsequently sent to the police u/S. 156(3), Cr.P.C. which led to institution of Parsudih P.S. Case No. 129 of 2015. The investigation culminated into submission of chargesheet u/Ss. 406, 420, 323,120-B and 34 of the Indian Penal Code. Thereafter charge was framed on 08.06.2016. The first date fixed for evidence was 22.06.2016. Since the trial did not conclude within the stipulated time, an application u/S. 437(6), Cr.P.C. was preferred by the petitioner for bail which however was rejected by order dated 02.05.2017 by learned Magistrate, which is impugned in this application.