DEVRAJ MARATHA @ DILLU Vs. STATE OF M.P.

JUDGEMENT

(1.) In view of cleavage of opinion regarding interpretation of sub-section (6) of Section 437 of the Code of Criminal Procedure (for brevity 'the Code'), the learned Single Bench by order dated 18- 01-2018 has referred the following question for consideration before this Bench:

(2.) The factual expose' necessary to be discussed for consideration of the above referred question, is that the accused- applicant has filed an application under Section 482 of the Code for setting aside the order, dated 6-01-2018, passed by the learned III Additional Sessions Judge, Raisen in Criminal Revision No.02/2018 whereby the order dated 30-11-2017 passed by the learned Chief Judicial Magistrate dismissing the application preferred under Section 437(6) of the Code, has been affirmed.

(3.) The applicant - Devraj and co-accused Karan Singh are facing trial for commission of offence punishable under Section 34(2) of the M.P. Excise Act, 1915. The applicant is in custody since 31-5-2017. An application for releasing the accused-applicant on bail under Section 437(6) of the Code was filed which has been dismissed by the learned Magistrate stating that though a period of sixty days have passed, but there are other 25 criminal cases registered against the accused-applicant. Hence, he did not find it a fit case for releasing the accused on bail under the said provision.