JAIN, J. - (1.) THIS is second bail application under Section 439 Cr. P. C.
(2.) LEARNED counsel for the petitioner submits that present case is triable by Magistrate and trial has not been concluded within sixty days from the first date fixed for prosecution evidence, therefore, in view of the specific provisions of sub-section (6) of Section 437 Cr. P. C. , the accused may be released on bail. Sub-section (6) of Section 437 Cr. P. C. is reproduced as under:- " 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. " A bare perusal of sub-section (6) of Section 437 Cr. P. C. will show that it is not necessary that in each and every case, an accused in a case triable by Magistrate has to be released on bail if trial is not concluded within a period of sixty days from the first date fixed for taking evidence in the case. A Magistrate is required to record the reasons in writing for refusal of the bail. Although, no such application was moved before the concerned Magistrate under sub-section (6) of Section 437 Cr. P. C. but I find that while rejecting first bail application of the petitioner by this Court on 5. 05. 2005, it was specifically mentioned that other cases of identical offences are pending against the petitioner as mentioned by the Sessions Judge, Kota in its order dated 1. 04. 2005. The petitioner appears to be habitual offender. The counsel for the petitioner could not controvert the aforesaid reasons about pendency of the other criminal cases against the petitioner. Therefore, in these circumstances, the petitioner is not entitled to be released on bail under sub- section (6) of Section 437 Cr. P. C. in the facts and circumstances of the present case. The second bail application of the accused petitioner is accordingly dismissed. . ;