RIZA ABDUL RAZAK ZUNZUNIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this application under section 397 read with 401 of the Code of criminal Procedure, 1973 (hereinafter referred to as 'the Code'), the applicant has challenged the order dated 7th October, 2008 passed by the learned Chief Judicial magistrate, Surat on the application Exhibit 49 made by the applicant in Criminal Case no. 36128 of 2006, whereby the applicant's application under Section 437 (6) of the Code has been rejected.

(2.) THE facts of the case stated briefly are that a first information report came to be lodged against the applicant herein before the Salabatpura Police Station alleging commission of offence punishable under Sections 408, 465, 467, 468, 471 (a) and 120 (B)of the Indian Penal Code, which came to be registered vide I C. R. No. 57 of 2006. At the relevant point of time, the applicant was already in police custody in connection with a similar offence registered against him; hence, he was produced before the concerned Court on 28th April, 2006 and was sent to judicial custody at Surat District Jail in connection with the said first information report. Subsequently, the charge-sheet came to be filed and the case was registered as Criminal Case No. 36128 of 2006. The charge was framed on 27th June, 2008 and 10th April 2008 was the first date for recording the evidence. However, it appears that the trial did not proceed further and since on 29th September, 2008, the trial was still not completed and a period of 80 days had already elapsed since the applicant was in judicial custody, the applicant moved the above referred application praying to enlarge him on bail under Section 437 (6) of the Code of Criminal Procedure, 1973.

(3.) BY the impugned order dated 7th October, 2008, the learned Chief Judicial Magistrate, Surat, after giving opportunity of hearing to the learned advocates for the parties, has rejected the application made by the applicant, which has given rise to the present application under Section 397 read with Section 401 of the Code.