VIVEK JAISWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Cr.P.C. against the order dated 05.04.2019 passed by the learned Third Additional Sessions Judge, Nagod, District Satna in Criminal Revision No.11/2019, whereby learned Sessions Judge rejected the applicant's revision and affirmed the order dated 21.02.2019 passed by the learned Judicial Magistrate First Class, Nagod, District Satna in Cri. Case No.255/2018, whereby learned JMFC rejected the applicant's application filed under Section 437(6) of the Cr.P.C. for releasing him on bail.

(2.) Brief facts of the case which are relevant for the disposal of this petition are that the applicant is facing trial in Criminal Case No.255/2018 which is pending before Judicial Magistrate First Class, Nagod, District Satna. In that case, learned Judicial Magistrate First Class vide order dated 25.08.2018 framed the charge against the applicant for the offence punishable under Section 34 (2) and 42 of the M.P. Excise Act and fixed the case for prosecution evidence on 25.08.2018 and thereafter learned trial Court again gave various dates viz 07.09.2018, 29.09.2018 and 12.10.2018 for the same purpose, but somehow trial could not be concluded till 14.11.2018, 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 rejected the applicant's application vide order dated 14.11.2018. Against which applicant filed Criminal Revision and the same was dismissed by 1st Additional Sessions Judge, Nagod, District Satna vide order dated 26.11.2018. Being aggrieved from that order, applicant filed M.Cr.C.No.50262/2018 which was allowed by this Court vide order dated 28.01.2019 and the case was remanded back to the learned Additional Sessions Judge with the direction to pass a reasoned order after hearing both the parties. Thereafter, the learned Additional Sessions Judge, Satna again remanded the case to the trial court. On that trial court again rejected the applicant's application vide order dated 21/02/2019 against which applicant filed Criminal Revision No.11/2019 which was rejected by Third ASJ Nagod, District Satna vide order dated 05.04.2019. Being aggrieved from that order, applicant has preferred this petition.