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2000 Supreme(MP) 111

MAITHLI SHARAN
Ram Kumar Rathore – Appellant
Versus
State of M. P. – Respondent


Advocates:
A.K. Shrivastava for petitioner.
S.M.A. Naqvi. Deputy Govt. Advocate for State.

ORDER

1. This is a petition under Section 482 read with Section 483 of the Code of Criminal Procedure, invoking the inherent powers of this Court.

2. Brief facts leading to the filing of this petition lie in a narrow compass: a criminal case for the offences under Sections 420, 120-B, 467 and 46~ of the Indian Penal Code was registered against the petitioner and other co-accused persons. Undisputedly, the petitioner was arrested on 9.3.1998, and after the charge-sheet having been filed in the Court of the Additional Chief Judicial Magistrate,-charges were framed on 15.2.1999. and on 27.2.1999 the evidence in the case, for the first time, was recorded. Thereafter other dates in the case were fixed by the learned Magistrate, but somehow' the trial could not be concluded till date. Meanwhile, much after completion of period of 60 days from 27.2.99 the petitioner find an application under Section 437(6) of the Code of Criminal Procedure in the trial Court praying therein that as' he was in custody during the whole of such period and the trial had not concluded. hence, he be released on bail. The learned trial Magistrate rejected the said application on 7.9. 1999.

3. The petitioner being a












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