Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15225 of 2016 Applicant :- Devendra Kumar Vishwakarma Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Tewari,Braham Singh Counsel for Opposite Party :- G.A.,Smt. Usha Kiran
Hon'ble Aniruddha Singh,J.
Correction application This correction application has been filed by Ms. Usha Kiran, learned counsel on behalf of complainant contending that order dated 19.2.2018 dismissing bail application, as not pressed with liberty to file fresh before the Trial Court/Magistrate Concerned under Section 437(6) Cr.P.C. passed in Criminal Misc. Bail Application No. 15225 of 2016 is to be corrected and order is to be passed as "dismissed as not pressed". It is further contended that liberty can only be granted to file before appropriate Court and not before trial Court or Magistrate concerned.
Sri Braham Singh, learned counsel for the accused/applicant submitted that he is willing to move bail application before the trial Court/Magistrate under Section 437(6) Cr.P.C. because trial has not yet concluded even after expiry of six months from the first date fixed for taking evidence. Hence liberty granted by this Court to file bail application before the trial Court/Magistrate concerned is correct and correction application is liable to be rejected.
It is admitted that counsel for the accused/applicant wants to file bail application under Section 437(6) Cr.P.C. Section 437 (6) Cr.P.C. is quoted below:-
"437. When bail may be taken in case of non- bailable offence....
(6) 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 satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs."
Learned counsel for the accused/applicant submitted that offence under Section 420, 468, 471, 409 IPC is triable by Magistrate and the case is also pending before the Court of Magistrate; Bail application under Section 437(6) Cr.P.C may be moved in the Court of Magistrate concerned only. Hence the order dated 19.2.2018 requires no correction and the correction application is liable to be rejected.
Sri Braham Singh, learned counsel for the accused/applicant further submitted that according to Section 301 Cr.P.C.only Public Prosecutor can argue and Ms. Usha Kiran has no authority to argue. At this stage, it is not proper to decide this issue with the correction application.
Order dated 19.2.2018 requires no correction. The correction application is hereby rejected.
Order Date :- 26.2.2018 P.P.