ANNU BORSAI Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Section 482 of Cr.P.C. is filed against order of dismissal of revision dated 08/11/2017 passed by learned Special Sessions Judge, Indore in Criminal Revision No.696/2017, which was preferred against order dated 26/10/2017 passed in Criminal Case No.36986/17 by Additional Chief Judicial Magistrate, Indore, whereby the trial Court has dismissed the application u/s 437 (6) of Cr.P.C . of the petitioner for grant of bail on the ground that the trial of the case pending against him for the charge u/s 34(2) of the MP Excise Act, 2015 could not be completed within 60 days from the first date fixed for taking prosecution evidence.

(2.) The contention of the petitioner is that he was arrested on 25/05/2017 for the offence under Section 34(2) of M.P. Excise Act and since then he is in custody. The police filed charge-sheet on 05/08/2017. The case was fixed for taking evidence of the prosecution on 05/08/2017 and since then it is pending for prosecution evidence. More than 60 days have been elapsed but the prosecution evidence could not be completed. The prosecution could examined only two independent witnesses Virendra (P.W.1) and Subham (P.W.2). They both have turned hostile. Even then he is denied bail by the learned trial Court as well as by the revision Court. He is in custody since 8 1/2 months and has almost completed the minimum sentence of 1 year imprisonment provided for the offence but still there is no likelihood of conclude of the trial and even then he is being denied bail.

(3.) Learned counsel for the petitioner has placed reliance on Rajendra vs. State of M.P . reported in 2002(4) M.P.H.T. 186, Santosh Kumar Mandal @ Santosh Mandal vs. State of Jharkhand reported in 2107 (3) Crimes 678 (Jhar.), Nohar Devdas vs. State of C.G. reported in 2017(1) ANJ (CG) 43, and a recent decision of this Court passed in M.Cr.C. No.17474/17 ( Pradeep vs. State of MP ) on 16/11/2017 to bolster his submissions.