ASHOK NARAYAN PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Saibal Kumar Laik, learned counsel for the petitioner and Mr. Moti Gope, learned A.P.P. for the State.

(2.) This application is directed against the order dated 17.07.2017 passed by the learned Chief Judicial Magistrate, Dhanbad in connection with Dhanbad (Bank More) P.S. Case No. 805 of 2014 registered for the offences punishable under Sections 406, 420, 467, 468, 471, 120(B) of the Indian Penal Code and Sections 4, 5, 6 of the Prize Chits and Money Circulation Scheme (Banning) Act as also under Sections 76, 79 of the Chit Fund Act, 1982. It has been stated by the learned counsel for the petitioner that since the trial was not concluded within a period of sixty days from the date which was first fixed for evidence the petitioner had preferred an application under Section 437(6) Cr.P.C. which however was rejected without assigning any reasons on 17.07.2017.

(3.) It has been stated that the basic parameters which are required to be looked into while considering an application under Section 437(6) Cr.P.C. has never been considered by the learned trial court and merely on the ground that four charge-sheet witnesses have been examined and several witnesses are yet to be examined the application under Section 437(6) has been rejected. It has been stated that merely because one of the coaccused persons has misused the privilege the same cannot be a ground for rejecting the application preferred by the petitioner on an anticipation of the petitioner taking a similar step as that of the co-accused who had jumped bail. Learned counsel in support of his contention has referred to an order passed by this Court in the case of Deepak Das vs. The State of Jharkhand, 2017 2 JLJR 43.