PARMANAND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Cr.P.C. against the order dated 12/09/2019 passed by the learned Sessions Judge, Harda in Criminal Revision No.42/2019, whereby learned Sessions Judge rejected the applicant's revision and affirmed the order dated 27/08/2019 passed by the learned Chief Judicial Magistrate, Harda in RCT No.298/2019, whereby learned CJM rejected the applicant's application filed under Section 437(6) of the Cr.P.C. for releasing him on bail.

(2.) It appears from the record that applicant is facing trial in RCT No.298/2019 pending before the Chief Judicial Magistrate, Harda for the offence punishable under Sections 34 (2) of M.P. Excise Act. In that case, learned Chief Judicial Magistrate vide order dated 07/06/2019 framed the charge against the applicant 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 20/06/2019 and thereafter learned trial Court again gave various dates viz 04/07/2019, 17/07/2019, 26/07/2019, 07/08/2019 & 20/08/2019 for the same purpose, but somehow trial could not be concluded till 21/08/2019, 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 Chief Judicial Magistrate rejected the applicant's application vide order dated 27/08/2019. Against that order, applicant preferred criminal revision No.42/2019 which was also dismissed vide order dated 12/09/2019. Being aggrieved from that order, applicant preferred this petition.