ISHAQ 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 25/11/2019 passed by the learned Additional Sessions Judge, Devri, Distt. Sagar (MP) in Criminal Revision No.39/2019, whereby learned Sessions Judge rejected the applicant's revision and affirmed the order dated 4/11/2019 passed by the learned Judicial Magistrate First Class, Devri, Distt. Sagar in Cr.Case No.354/2019, 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 Cr.Case No.354/2019 pending before the Judicial Magistrate First Class, Devri, Distt. Sagar (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 20/8/2019 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 3/9/2019 and thereafter, learned trial Court again gave various dates viz 16/9/2019, 27/9/2019, 11/10/2019 and 22/10/2019 for the same purpose, but somehow trial could not be concluded till 4/11/2019, 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, Devri, Distt. Sagar rejected the applicant's application vide order dated 4/11/2019. Against that order, applicant preferred criminal revision No.39/2019 which was also dismissed vid e order dated 25/11/2019. Being aggrieved from that order, applicant preferred this petition.