TMI Blog2014 (1) TMI 1813X X X X Extracts X X X X X X X X Extracts X X X X ..... lusion 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 bai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proached this Court, along with one Bharat Lal, vide S.B. Criminal Miscellaneous Bail Application No.1874/2013 and a Single Bench of this Court on 20.02.2013 had declined his bail. Thereafter, Gopal had approached this Court by filing S.B. Criminal Miscellaneous Bail Application No.6474/2013 and the same was rejected, vide order dated 11.07.2013. It is further submitted by the learned counsel that Hargyan, vide S.B. Criminal Miscellaneous Bail Application No.4744/2013 Hargyan had approached this Court and his application was also rejected, along with the case of Gopal, accused-respondent No.3. Counsel appearing for the petitioner has submitted that once the High Court had rejected the bail of accusedrespondent Nos.2 to 4, the Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e that the said order can be cancelled under Subsection (5) of Section 437 or Sub-section (2) of Section 439 on considerations relevant for cancellation of an order thereunder. As stated in Raghubir Singh's case [AIR 1987 SC 149] the grounds for cancellation under Sections 437 (5) and 439 (2) are identical, namely, bail granted under Sections 437 (1) or (2) or 439 (1) can be cancelled where (i) the accused misuses his liberty by indulging in similar criminal activity, (ii) interferes with the course of invistigation, (iii) attempts to tamper with evidence or witnesses, (iv) threatens witnesses or indulges in similar activities which would hamper smooth investigation, (v) there is likelihood of his fleeing to another country, (vi) atte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... liest, accused cannot be kept behind the bars for a indefinite period. The criminal jurisprudence of this country recognize maxim bail is a rule, jail is an exception . In the present case, after the respondent Nos.2 to 4 have undergone sufficient period, they filed an application before the Court of Magistrate to grant bail to them under Section 437 (6) Cr.P.C. after sixty-days of the examination of first witness. Accused respondent Nos.2 to 4 had pressed their right of bail, after bail was rejected by the Magistrate under Section 437 (6) Cr.P.C., by filing an application under Section 439 Cr.P.C. before the Court of Additional District Sessions Judge, Gangapur City. The Additional District Sessions Judge, Gangapur City has gran ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt bail to the respondent Nos.2 to 4. 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. With the aforesaid observations, the present application, being devoid of merit, is, hereby, dismissed. Since, this Court has appreciated grant of bail by the Additional District Sessions Judge, Gangapur City, copy of this order be sent to Mrs. Archana Aggarw ..... X X X X Extracts X X X X X X X X Extracts X X X X
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