Under Section 437(6) of the Code of Criminal Procedure, 1973, the Magistrate has the discretion to refuse bail for reasons to be recorded in writing.

S.K.Singh, J.

1. The present application has been filed for a direction to release the petitioner on bail under the provisions of sec. 437(6) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code").

2. The petitioner has earlier moved this Court for bail but the same was dismissed vide Cr. Misc. No. 6238192 on 3.6.1992 by Chowdhary S.N. Mishra, J. with an observation that the petitioner may renew his prayer for bail after sixmonths if so advised. However, before expiry of the said period, the petitioner has again moved this Court, as According to the learned counsel the Judicial Magistrate was duty bound to release him u/s. 437 (6) of the Code. This application was placed before Choudhary S.N. Mishra, J. but as he declined to hear the same it has been placed before me. The petitioner is facing trial for charges u/s. 392 of the Code.

3. Learned counsel appearing on behalf of the petitioner states that 15-7-1992 was the first date fixed by the trial Court for taking evidence but no witness for the prosecution turned up on that date. According to him the statutory period as prescribed u/s. 437 (6) of the code for keeping the petitioner in custody during the trial expired on 14-9-1992 and as such the petitioner is entitled to be released on bail. According to the learned counsel for the petitioner, the provision u/s. 437(6) of the Code is similar to that u/s. 167(2) of the Code and as such, if the petitioner prayed for bail and was prepared to furnish the bail bond, the trial Court had no option but to release him on bail. It is further stated that the bail petition was filed on behalf of the petitioner in the Court of Sri R.P. Singh, Judicial Magistrate, 1st Class. Arrah on 16-9-1992 but the same was rejected. Being aggrieved by the said order; the petitioner moved the Sessions Judge, Arrah but by order dated 219-1992 he also refused his prayer for bail. Learned counsel for the petitioner further stated that the learned trial Court as well as the learned Sessions Judge have erred in law in rejecting the prayer for bail of the petitioner, as u/s. 437 (6) of the Code they had no option but to release the petitioner on bail provided the petitioner had prayed for the same and was prepared to furnish the bail bond.

4. In support of his contention, he has relied upon two decisions of the Apex Court in the case of Talab Haji Hussian V/s. Madhukar Purshot tom Mondkilr and another.1 and in the case of Gurcharan Singh and others V/s. State (Delhi Administration).2.

5. Learned Additional Public Prosecutor appearing on behalf of the State, on the other hand, has contested the claim of the petitioner and has stated that u/s. 437(6) of the Code, if the Court is not inclined to enlarge the petitioner on bail it can accordingly, reject the prayer for bail even under section 437(6) of the Code provided it assigns reasons there for, and according to him the order-sheet of the learned Magistrate as well as the learned Sessions Judge refusing to grant bail to the Petitioner goes to show that sufficient reasons have been assigned as to why the Court below was not inclined to enlarge the petitioner on bail. It was further been submitted on behalf of the State that the records of the case goes to show that the petitioner had absconded for nearly one year before he was apprehended. As such, according to the learned counsel for the State sufficient reasons have been assigned in the orders of the trial Court as well as the learned Sessions Judge to show as to why the petitioner is not entitled to bail. According to him, in this view of the matter, no interference is required by this Court

6. Sec. 437 (6) of the Code reads as follows:

"If, in any case triable by a Magistrate the trial of a person accused of any nonbailable offence is not concluded within a period of 60 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 bai