RATAN KUMAR JAIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicant is facing trial and is in judicial custody in connection with crime No.217/13 for commission of offence punishable under Sections 420,467,468 and 471/34 of IPC registered at Police Station Kotwali, Rajnandgaon, Dist. Rajnandgaon. The trial magistrate framed charges against the applicant on 25.09.2013 and case was fixed for taking evidence for the first time on 08.10.2013 and six witnesses were examined, but when trial could not be completed within 60 days from the date of commencement of evidence i.e. 08.10.2013, the applicant herein filed an application claiming privilege of bail under Section 437 (6) of Cr.P.C.

(2.) The trial magistrate by order dated 01.09.2014 rejected the application holding that prima-facie case is made out against the applicant as he has misappropriated huge government money by illegally transporting Tendu Patta and if he is released on bail, he is likely to temper prosecution witnesses and as such he is not entitled to claim benefit of Section 4 37(6) of Cr.P.C. and rejected the application.

(3.) In revision filed by the applicant, against the order of trial magistrate, the revisional court agreed with the findings recorded by the trial magistrate and rejected the revision affirming the order of trial magistrate.