SARDAR LAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Cr.P.C. against the order dated 29.08.2019 passed by the learned First Additional Sessions Judge, District Panna in Criminal Revision No.36/2019, whereby learned ASJ rejected the applicants' revision and affirmed the order dated 27.07.2019 passed by the learned Judicial Magistrate First Class, Distt. Panna in Criminal Case No.268/2019, whereby learned JMFC rejected t h e applicants' application filed under Section 437(6) of the Cr.P.C. for releasing them on bail.

(2.) It appears from the record that applicants are facing trial in Criminal Case No.268/2019 pending before the Judicial Magistrate First Class, District Panna for the offence punishable under Section 34 (2) of M.P. Excise Act. In that case, learned Judicial Magistrate First Class vide order dated 24.04.2019 framed the charge against the applicants 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 08.05.2019 and thereafter learned trial Court again gave various dates viz 22.05.2019, 05.06.2019, 20.06.2019, 03.07.2019 and 17.07.2019 for the same purpose, but somehow trial could not be concluded till 27.07.2019, so applicants filed an application under Section 437 (6) of Cr.P.C . before the trial Court praying therein that since they have been in custody during all this period and the trial could still not be concluded, hence they be released on bail.

(3.) Learned Judicial Magistrate First Class, Panna rejected the applicants' application vide order dated 27.07.2019. Against that order, applicants preferred criminal revision No.36/2019 which was also dismissed vide order dated 29/08/2019. Being aggrieved from that order, applicants preferred this petition.