Saturday, 15 March 2025

S.437(6) CrPC/S.480(6) BNSS | Be Liberal While Deciding Bail When Magistrate Trial Hasn't Concluded In 60 Days

 The Supreme Court yesterday (on February 18), observed that courts should adopt a liberal approach while dealing with applications under Section 437(6) of CrPC in cases where there is no chance of evidence tampering, absconding, or accused delaying the trial.

 For context, Section 437(6) of CrPC, provides that bail ought to be generally granted where the trial in a case triable by the Magistrate is not concluded within a period of 60 days after the first date fixed for the prosecution evidence, unless the Magistrate, for reasons recorded, decides otherwise. The counter-part of Section 437(6) in the BNSS is Section 480(6).
 Subhelal @ Sushil Sahu vs State Of Chhattisgarh.