1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR S.B. Cr. Misc. Bail Application No. 7871/2010 Ram Chandra @ Ram Sindhi V/s State of Rajasthan Date of Order :: 13.09.2010 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Smt. Deepa Devi W/O the petitioner Shri Prakash Chand, representative of the State ***** This application for grant of bail pending trial has been filed by accused petitioner Ram Chandra on the ground that mandatory provisions of sub-section (6) of Section 437 Cr.P.C. have not been complied with and, therefore, the petitioner is entitled to be enlarged on bail. Provisions of sub section (6) of Section 437 Cr.P.C. provides that 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 2 satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs. Perusal of the order passed by the learned Additional Sessions Judge rejecting the bail application of the petitioner reveals that bail has been denied for the reason that the matter was serious and efforts were being made to conclude the trial. It is informed that even after rejection of the bail, trial has not been concluded so far. The offence alleged against the petitioner is one under Secs. 454 and 380 IPC which cannot be said to be so grave as to justify rejection of bail contrary to the intendment of the provisions of sub-section (6) of Section 437 Cr.P.C. On the other hand, Mr. Prakash Chand, representative of the State has opposed the bail application. Considering the entire facts and circumstances of the case and on perusal of the papers placed on record, but without commenting on merits of the case, I am 3 inclined to extend the benefit of bail to the accused petitioner. Resultantly, this bail application is allowed. It is ordered that accused petitioner Ram Chandra @ Ram Sindhi S/O Shri Hiranand be released on bail in FIR No. 220/2009, Police Station Mansarovar, Jaipur, provided he furnishes a personal bond in the sum of Rs. 30,000/- with two sureties of Rs. 15000/- each to the satisfaction of the trial Court for his appearance in that Court on all dates of hearing and whenever called upon to do so. (Mohammad Rafiq),J. Thanvi/