Priya Gour
Published on: 22nd August, 2022 at 17:20 IST
The Punjab and Haryana High Court bench of Justice Jasjit Singh Bedi has recently held that bail can be granted if the trial in a case by the Magistrate is not concluded within a period of 60 days after the first date fixed for the prosecution evidence under Section 437(6) CrPC.
The court made the above observation while hearing a petition under Section 439 CrPC for the grant of regular bail in an FIR registered against the petitioner convicted under Sections 420, 409, and 120-B IPC. (Cheating multiple people).
About the Case:
The accused petitioner was a Post Office agent, charged with money deposits after opening the RD and FDR of people. He was alleged to have misappropriated funds worth Rs. 12,53,000. The investigation revealed that he had cheated people for funds worth Rs. 1,01,32,600.
As per the first date fixed for prosecution evidence, that is 22.12.2021, the trial ought to have been concluded by 21.02.2022. However, only 5 out of 55 witnesses have been examined so far. It has been taken as a ground for bail application.
Court’s Decision:
“… in terms of the provisions of Section 437(6) Cr.P.C., bail ought to be granted, where the trial is not concluded within a period of 60 days after the first date fixed for the prosecution evidence.”
The bench relied on the decisions in Vinod Kumar Versus the State of Haryana, 2018, and Dharaminder Sharma Versus State of Punjab, 2020. The judgements gave the principle regarding the grant of bail.
In addition, it was noted in these decisions that Section 437 (6) CrPC does not give the accused an absolute right to seek bail.
The court noted:
“…the Magistrate is required to maintain a perfect balance between the two conflicting interests viz. sanctity of the individual liberty and the interests of justice.”
Therefore, examining all the submissions the court issued orders for the grant of bail to the accused.