AASIF@NAKTA Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. is directed against the order passed by the learned XII Additional Sessions Judge, Indore district Indore in Cr.R.No.470/2015 on 20/07/2015, wherein the learned Sessions Judge has dismissed the criminal revision of the applicant and confirmed the order passed by the learned Judicial Magistrate First Class, Indore, district Indore, in criminal case no.35509/14 dated 25.06.2015.

(2.) The facts giving rise to this application are that the present applicant was facing trial before the learned Judicial Magistrate First Class under Sections 457, 380, 411 of IPC in criminal case no.35509/14. After framing of charge, the matter was first fixed for recording of evidence on 15.12.2014. However, after lapse of 60 days, no evidence could be recorded and therefore, an application was filed by the present applicant under Section 437(6) Cr.P.C. for grant of bail on the ground that after lapse of 60 days, as prescribed by Section 437(6) Cr.P.C., the trial by the Magistrate could not be concluded.

(3.) The learned Magistrate dismissed the application on the ground that there are as many as 17 criminal cases pending against the present applicant and therefore, it is not proper to release the applicant on bail. Aggrieved by this order, the present applicant presented a criminal revision which was disposed of by the XII Additional Sessions Judge, Indore in criminal revision no.470/2015, by impugned order dated 20.07.2015. The revision was dismissed and the learned Additional Sessions Judge found that the reasons stated by the Magistrate were just and proper and therefore, no interference was called for.