SUPREME COURT OF INDIA

Before:- G.B. Pattanaik and U.C. Banerjee, JJ.

Criminal Appeal No. of 2000 (arising out of S.L.P. (Cri.) No. 3331 of 1999). D/d. 13.1.2000.

Ram Narayan Singh and another - Appellants

Versus

State of Bihar - Respondent

Indian Penal Code, 1860, Sections 406 and 420 read with Section 34 - Cheating - Misappropriation - Bail - Accused in custody for more than nine months - Earlier order of High Court that if trial does not commence within six months, they can renew the prayer for bail - Trial proceeding at slow pace - Case of grant of bail made out.

[Paras 3 and 4]

JUDGMENT

Leave granted.

2. Heard learned counsel for the appellants and Mr. B.B. Singh, learned counsel for the State of Bihar.

3. The application for bail during trial having been rejected, the appellants approached this Court. They are facing charges under Sections 406/420/34, Indian Penal Code and are in custody for more than nine months by now. The legation is that the appellants misappropriated to the tune of Rs. 75,000/- for giving employment. The earlier order of the High Court was that if the trial does not commence within six months they can renew the prayer for bail.

4. Having examined the manner in which the trial is proceeding and taking into account the fact that the appellants are already in custody for more than nine months, we think that a case for grant of bail has been made out. We accordingly direct that the appellants be released on bail to the satisfaction of the Chief Judicial Magistrate, Katihar.

5. The appeal is allowed accordingly.

Appeal allowed.