S. G. MEHARE
Latabai, Wd/o. Bhimsing Jadhav – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
(S.G. Mehare, J.) :
1. Heard the learned counsel for the applicant and learned APP for the respondent-State.
2. The applicant seeks bail in Crime No.69 of 2023, registered with Sillod City Police Station, District Aurangabad, of the offences punishable under Sections 120-B, 182, 193, 419, 420, 468 read with Section 34 of the IPC.
3. Learned counsel for the applicant has vehemently argued that the trial is not concluded within 60 days from the first date fixed for taking evidence. A few witnesses were examined, and thereafter, the trial was stalled for no satisfactory reasons. Since the trial was not concluded within 60 days from the first date fixed for taking evidence, he deserves bail under Section 437(6) of the Cr.P.C. He relied on the case of Chandraswami and another Vs. Central Bureau of Investigation ; (1996) 6 Supreme Court Cases 751. He also relied on the case of Sukhdev Singh Vs. State of Punjab ; 2009 Cri.L.J. 2941. Relying on these judgments, he would submit that since the trial has been delayed for no cause at the hands of the applicant, the applicant deserves bail. He would submit that the learned Trial Court rejected the bail application on the incorrect groun
Chandraswami and another Vs. Central Bureau of Investigation
The court established that the discretionary nature of bail under Section 437(6) of the Cr.P.C. allows for denial even if the trial exceeds 60 days, based on the circumstances of the case.
The court emphasized that Section 437(6) of the Cr.P.C. is not mandatory but directory, and the accused is entitled to apply for bail if the trial is not completed within sixty days, unless there are....
The court reinforced the principle of timely trials, finding entitlement to bail under Section 480(6) of B.N.S.S. due to significant delay not attributable to the accused, thus safeguarding individua....
The main legal point established in the judgment is that the provision of Section 437(6) of the Code of Criminal Procedure is discretionary, and the reasons for refusal must be recorded in writing. T....
The statutory right given to the accused under Section 437(6) of Cr.P.C. cannot be taken away, and the trial court must release the accused if the trial is not concluded within the stipulated period.
Repeating applications under S.437(6) of the Cr.P.C. for bail is not permitted after rejection.
The main legal point established in the judgment is that the provisions of Section 437(6) of Cr.P.C. make it obligatory to release the accused if the trial for a non-bailable offence is not concluded....
The central legal point established in the judgment is that prolonged incarceration militates against the fundamental right guaranteed under Article 21 of the Constitution, and bail can be granted ba....
Bail under Section 43D(5) of the UAPA cannot be granted solely due to trial delay; it requires examination of prima facie case merits.
The delay in trial and prolonged incarceration can warrant granting bail despite statutory restrictions under the NDPS Act.
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