SAHBUDDIN Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
STATE OF UTTARAKHAND
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(1.) This is a bail application seeking regular bail in Case Crime No. 97 of 2012 under Sections 420, 467, 468, 469, 471 IPC, Police Station Kotwali Ranipur, District Haridwar.
(2.) As per the prosecution story, applicant presented forged cheque of Rs. 95,23,420/-; although, cheque was forged, fictitious and bogus, he, with the collusion of Branch Manager of SIDCUL Branch of P.N.B., Haridwar, was successful in withdrawing the huge amount. First Bail Application was rejected on merit vide order dated 02.11.2012, thereafter 2nd and 3rd Bail applicants were rejected since, no subsequent good ground was made out.
(3.) Mr. B.S. Parihar, learned counsel, appearing for the applicant, submits that in the present case, 16.04.2013 was fixed for the evidence of the prosecution, however, every time trial was adjourned on the request of the prosecution; even after expiry of 60 days trial could not be completed, therefore, applicant is entitled for bail under Sub-Section 6 of Section 437 of Code of Criminal Procedure. Sub-Section 6 of Section 437 reads as under:
(6) If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs.;
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