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(2016) Law Today Live Doc. Id. 16384
Decided on: 14.09.2016
Present:
Shri Ashit Malik, Advocate for the petitioner.
Shri Karan Sharma, Assistant Advocate General, Haryana.
Indian Penal Code, 1860 (45 of 1860), Sections 420, 406, 467, 468, 471, 506 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 319, 437(6) – Magistrate Trial -- Trial not concluded in 60 days – Right to bail -- Prosecution applied u/s 319 Cr.P.C to the trial Judge and by now two adjournments have been granted for arguments on the said application -- Provision appears to be mandatory, as is clear from the language used in sub-section 6 of Section 437 Cr.P.C. -- 60 days is already over since the first date of taking the case, the petitioner would be entitled to grant of bail -- Petition allowed.
(Para 1-4)
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A.B. CHAUDHARI, J. (ORAL) –
1. In FIR No.441 dated 2.8.2015, registered under Sections 420, 406, 467, 468, 471, 506 IPC, Police Station Assandh, District Karnal, the petitioner is being tried before the learned Magistrate upon filing of the challan. After framing of the charge, the learned Magistrate fixed the case for recording evidence on 30.4.2016. It is not in dispute, as is clear from the zimni orders, that the prosecution applied under Section 319 Cr.P.C to the trial Judge and by now two adjournments have been granted for arguments on the said application.
2. Section 437(6) Cr.P.C. reads thus:-
“(6) If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs.”
3. The provision appears to be mandatory, as is clear from the language used in sub-section 6 of Section 437 Cr.P.C.
4. In that view of the matter, since the time of 60 days is already over since the first date of taking the case, the petitioner would be entitled to grant of bail. Hence, this petition is allowed. The petitioner is ordered to be released on bail to the satisfaction of the trial Judge.
Petition allowed.
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