- (1.) Heard learned counsel for the applicant and the learned AGA.
(2.) The applicant, through the present application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with a prayer to set aside the order dated 16.1.2013, whereby the application moved under Section 437(6) Cr.P.C. to release the applicant, has been rejected by the Additional Chief Judicial Magistrate, Court No.1, Bijnore in case no.250 of 2012, Misc. Case No.1 of 2013, arising out of case crime no.20 of 2012, State Vs. Pappu Shah & others.
(3.) It is submitted by the learned counsel for the applicant that the court below has rejected the application without considering the mandatory requirement of the provision under Section 437(6) Cr.P.C. The applicant is in jail since 6.3.2012 for an offence under Section 379 IPC. The trial is pending before the court, the cognizance was taken on 24.4.2012, and thereafter charges were framed on 31.10.2012 under Section 379 IPC. It is not disputed that the first date for taking prosecution evidence was on 6.11.2012. The application under Section 437(6) Cr.P.C. was moved on 8.1.2013 and despite the expiry of more than sixty days the trial has not been concluded. In this regard learned counsel for the applicant has drawn the attention of this Court to the provision of Section 437(6) Cr.P.C. and has contended that in view of the aforesaid provision it is absolutely evident that the Magistrate in non bailable offence, if trial is not concluded within sixty days from the first date fixed for evidence, such person shall be released on bail.;