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2014 (1) TMI 1813 - HC - Indian LawsApplication to grant bail under Section 437 (6) Cr.P.C. after sixty-days of the examination of first witness - Held that:- The Additional District & Sessions Judge, Gangapur City has granted bail to the accused respondent Nos.2 to 4 primarily on the ground that they are in custody in a case of magisterial trial from last 7/8 months, and prosecution having cited twenty-five witnesses had only examined one witness. Delay in conclusion of the trial by the Magistrate in a magisterial trial vests right in the accused to seek bail. Legislature in its wisdom has enacted Section 437 (6) Cr.P.C. for grant of bail to the accused in case of delay in conclusion of the trial. In ordinary circumstances, the trial Court is bound to follow the mandate of Section 437 (6) Cr.P.C. it can only deviate from the above provision in exceptional circumstances. Section 437 (6) Cr.P.C. has been enacted to grant bail, where there is a delay in conclusion of the trial. It recognizes the right of speedy trial. Article 21 of the Constitution of India grants personal liberty to the citizen. Furthermore, Magistrate of 1st Class can only award three-years sentence, therefore, accused cannot be kept behind the bars for an indefinite period as lateron, if accused is acquitted, nobody will be able to compensate the loss caused to the accused. It is to be appreciated that the Court below has not granted bail on merit, therefore, has not observed anything contrary to the order passed by the High Court. The Court below had only taken into consideration the period of custody already undergone by the accused and slow lengthy and tardy conduct of the trial, therefore, this Court find no reason to cause interference to cancel the bail granted to the accused-respondent Nos.2 to 4. Present application dismissed.
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