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2018 Supreme(Chh) 472

ARVIND SINGH CHANDEL
Manoj Singh Thakur, son of Late Mohar Singh Thakur – Appellant
Versus
State of Chhattisgarh through the Anti Corruption Bureau/Economic Offence Wing – Respondent


Advocates Appeared:
For the Applicant :Shri. B.P. Sharma with Shri. Anjinesh Shukla and Shri. M.L. Sakat, Advocates
For the Respondent:Shri. Satish Gupta, Government Advocate

ORDER :

1. The present revision is directed against the order dated 4.7.2018 passed by the Special Judge under the Prevention of Corruption Act, 1988 (henceforth 'the Act of 1988')/1st Additional Sessions Judge, Raipur in Special Criminal Case No.2 of 2018, whereby, the Learned Judge, holding that he is a Special Judge/an Additional Sessions Judge not a Magistrate within the meaning of Section 437 of the Code of Criminal Procedure, 1973 (2 of 1974) (henceforth 'the Code'), rejected the application filed by the Applicant under Section 437(6) of the Code and held that the Applicant is not entitled to be considered for grant of bail under Section 437(6) of the Code.

2. A charge-sheet for offence punishable under Section 13(1)(e) read with Section 13(2) of the Act of 1988 was filed against the Applicant. Charges were framed by the Trial Court and the first date for taking evidence was fixed for 28.4.2018. On 4.7.2018, an application under Section 437(6) of the Code was filed on behalf of the Applicant on the ground that the trial could not be concluded within 60 days from 28.4.2018, therefore, the Applicant is entitled to get benefit of bail under the provision contained in Section 437(6

































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