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2011 Supreme(MP) 715
2011 (III) MPWN 74
I.S. Shdvastava, J.
Hari Singh
Versus
State of M.P. Miscellaneous
Criminal Case No. 6142 of 2011 (I);
Decided on : 19.9.2011.
J.N. Tiwari for applicant; RS. Parmar, Panel Lawyer for respondent/State.
Headnote:Criminal P.C., 1973 -- Ss. 437 (6) and 439 -- Penal Code, 1860-S. 381 -- second bail application -- trial of the accused not completed within 60 days from the date fixed for prosecution evidence -- accused entitled for bail. [Para 5
naM izfdz;k lafgrk] 1973 & /kkjk 437 ¼6½ rFkk 439 & naM lafgrk] 1860 & /kkjk 381 & f}rh; tekur vkosnu & vfHk;kstu lk{; ds fy;s fu;r fnukad ls 60 fnu ds Hkhrj vfHk;qDr dk fopkj.k iw.kZ ugha & vfHk;qdr tekur dk gdnkjA
¼iSjk 5½
1. Arguments on the second bail application under section 439 of CrPC of the applicant Harisingh heard. The applicant is involved in Crime No.140/2011of Police Station- Tukoganj, Indore registered under section 381 of the IPC.
2. The first bail application of the applicant was dismissed as not pressed on 27.4.2011 in M.Cr.C. No. 2959/2011.
3. It has been argued by the applicant's counsel that the charge was framed on 2.5.2011 and since then, no evidence has been produced by the prosecution up-till-now. Hence he should be released on bail under section 437 (6) of the CrPC.
4. The respondent has opposed the bail application.
5. Considered the circumstances. The charge was framed on 2.5.2011 and the case was fixed for prosecution evidence on 16.5.2011, hence according to section 437 (6) of the CrPC, trial of the applicant had to be completed within 60 days from 16.5.2011. Up-till-now, trial has not been completed and no evidence has been produced before the Trial Court by the prosecution. Under these circumstances, the applicant is entitled for bail.
6. Hence, this bail application is allowed and it is ordered that the applicant be released on bail subject to his furnishing a personal bond of Rs. 25,000/alongwith one surety in the like amount to the satisfaction of the concerned trial Court for his appearance before the said Court on all dates as may be fixed in tins behalf
