Rahul Bhutada v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Cr.M.P. No. 661 of 2016 Rahul Bhutda S/o Sohanlal Bhutda Aged About 26 Years R/o Karhibhadar, Police Station Balod, District Balod, Chhattisgarh. ---- Petitioner

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Gurur, District Balod, Chhattisgarh.

.... Respondent For Petitioner :

Mr. B.P. Singh, Advocate.

For Respondent-State :

Mr. Anupam Dubey, Dy.

Governent Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 01.07.2016 1.

The present Petition under Section 482 of Cr.P.C. has been preferred seeking relief from this Court exercising power under Section 437(6) Cr.P.C. and release the present Petitioner on bail. 2.

The facts in brief are that the Petitioner was arrested on 18.12.2015 against the offence punishable under Section 420 of the I.P.C. After investigation the matter was put to trial before the Chief Judicial Magistrate, Balod and the trial Court vide order dated 26.02.2016 framed charges under Section 420 against the Petitioner and fixed the case for evidence on 08.03.2016.

3.

Learned Counsel for the Petitioner fairly admits that on the said date when the matter was listed for evidence on 08.03.2016 evidence of 5 witnesses out of 10 witnesses cited by the prosecution has been examined.

4.

This very fact is sufficient to justify the action on part of the Court below in rejecting the application under Section 437(6) of Cr.P.C. in

-2arriving at the conclusion that there is no reason to believe that the trial is proceeding at a slow pace.

5.

For the above stated facts and circumstances no good case is made out for invoking the extra ordinary power conferred under Section 482 of Cr.P.C.

6.

Accordingly, the present Cr.M.P. being devoid of merit is dismissed. Sd/- (P. Sam Koshy) Judge KISHORE