JUDGMENT :

VIJAY KUMAR SHUKLA, J.

1. In view of cleavage of opinion regarding interpretation of sub-section (6) of section 437 of the Code of Criminal Procedure (for brevity the Code), the learned Single Bench by order dated 18-1-2018 has referred the following question for consideration before this Bench :

Whether under the provision of sub-section (6) of section 437 of the Criminal Procedure Code, it is mandatory for the Magistrate to release the accused on bail, when the trial is not concluded within the period of sixty days, from the first date fixed for taking evidence in the case?

2. The factual expose necessary to be discussed for consideration of the above referred question, is that the accused-applicant has filed an application under section 482 of the Code for setting aside the order, dated 6-01-2018, passed by the learned III Additional Sessions Judge, Raisen in Criminal Revision No. 02/2018 whereby the order dated 30-11-2017 passed by the learned Chief Judicial Magistrate dismissing the application preferred under section 437(6) of the Code, has been affirmed.

3. The applicant Devraj and co-accused Karan Singh are facing trial for commission of offence punishable under sec