૬૦ દિવસ માં ટ્રાયલ ના પતે તો, આરોપી ને જેલ માં રાખી શકાય નહિ. – લેન્ડ માર્ક ચુકાદો

૬૦ દિવસ માં ટ્રાયલ ના પતે તો, આરોપી ને જેલ માં રાખી શકાય નહિ. – લેન્ડ માર્ક ચુકાદો

The Hon’ble Bombay High Court in Cr. Bail Application no. 152/2011 has issued directions which are circulated to all subordinate judicial officers and has held that if trial of non bailable offence is not concluded within period of 60 days from first day of taking evidence , the accused should not be forgotten or given a go by and that all should bear in mind that this is very important right conferred on accused in jail, so that accused should not be required to remain in custody indefinitely in cases triable by Magistrate. Therefore, such cases should
be taken up promptly and disposed off, preferably within period specified in law. In this case section 437(6) of the Said Code was considered which reads 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 60 days from the first date fixed for taking evidence n 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 other wise directs’.