KALIMULLAH KHAN,J. - (1.) HEARD learned counsel for the applicant, learned A.G.. and perused the record.
(2.) THIS is second bail application. The first bail application has been rejected on merit by this Bench vide order dated 11.10.2012. This second bail application has been made on the following grounds : 1. That the applicant is in jail since 18.5.2012 in a case triable by the court of Magistrate. 2. That the applicant has not cheated any one rather he and his wife have already been cheated in this transaction as a result of which he has lost his 1,40,000/ as consideration amount of the sale deed executed in favour of his wife wherein he stood marginal witness. 3. A suit for cancellation of the sale deed in question has been instituted wherein the wife of the applicant has appeared and has filed her W.S. wherein clearly and categorical y it was pleaded in para 5 and 9 that the sale deed in question is a void document and if it is declared as null and void she has no objection at all and lastly he has submitted; 4. That the charge in the case has been framed on 18.9.2012 and the first date for adducing prosecution witness was 1.10.2012. 60 days have elapsed since then, but the trial has not been concluded and therefore, he is entitled to statutory bail in view of the provisions contained under section 437 (6) of the Cr.P.C. Learned A.G.A. is not in a position to rebut either of the aforesaid submissions made by the learned counsel for the applicant.
(3.) FIT case for bail allowed.;