AKASH JATAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed under Section 482 read with Section 437 (6) of the Cr.P.C . against the order dated 16/07/2020 passed by the learned III Additional Sessions Judge, Narsinghpur (MP) in Criminal Revision No.28/2020, whereby learned Sessions Judge rejected the applicant's revision and affirmed the order dated 16/06/2020 passed by the learned Judicial Magistrate First Class, Narsinghpur in Criminal Case No.105/2020, whereby learned JMFC rejected the applicant's application filed under Section 437(6) of the Cr.P.C. for releasing him on bail.

(2.) It appears from the record that applicant is facing trial in Criminal Case No.105/2020 pending before the Judicial Magistrate First Class, Narsinghpur (MP) for the offence punishable under Sections 34 (2) of M.P. Excise Act. In that case, learned Judicial Magistrate First Class vide order dated 24/02/2020 framed the charge against the applicant for the offence punishable under Section 34 (2) of the M.P. Excise Act and fixed the case for the first time for prosecution evidence on 07/03/2020 and thereafter, learned trial Court again gave various dates for the same purpose, but somehow trial could not be concluded till 15/06/2020, so applicant filed an application under Section 437 (6) of Cr.P.C . before the trial Court praying therein that since he had been in custody during all this period and the trial could still not be concluded, hence he be released on bail.

(3.) Learned Judicial Magistrate First Class, Narsinghpur rejected the applicant's application vide order dated 16/06/2020. Against that order, applicant preferred criminal revision No.28/2020 which was also dismissed preferred this petition.