DEVIDAS LUTARE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard through Video Conferencing. This petition has been filed under Section 482 of the Cr.P.C. against the order dated 30.07.2020 passed by the learned First Additional Sessions Judge, Hoshangabad (MP) in Criminal Revision No.41/2020, whereby learned Additional Sessions Judge rejected the applicant's revision and affirmed the order dated 24.07.2020 passed by the learned Chief Judicial Magistrate, Hoshangabad in Cr.Case No.50/2020, whereby learned CJM 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 the applicant is facing trial in Cr.Case No.50/2020 pending before the Chief Judicial Magistrate, Hoshangabad (MP) for the offence punishable under Sections 34(2) of M.P. Excise Act. In that case, learned Chief Judicial Magistrate vide order dated 11.02.2020 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 24.02.2020 and thereafter, learned trial Court again gave various dates viz 25.02.2020, 02.03.2020, 16.03.2020, 30.03.2020, 14.07.2020 and 20.07.2020 for the same purpose, but somehow trial could not be concluded till 24/07/2020, 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 Chief Judicial Magistrate, Hoshangabad rejected the applicant's application vide order dated 24/07/2020. Against that order, applicant preferred Criminal Revision No.41/2020 which was also dismissed vide order dated 30/07/2020. Being aggrieved from that order, the applicant preferred this petition.