RAJESH SARATHE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Cr.P.C. against the order dated 20.05.2019 passed by the learned First Additional Sessions Judge, Hoshangabad in Criminal Revision No. 25/2019, whereby learned First Additional Sessions Judge rejected the applicant's revision and affirmed the order dated 24.04.2019 passed by the learned Chief Judicial Magistrate, Hoshangabad in Cri. Case No. 955/2018, 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. 955/2018 for the offence punishable under Section 34(2) of Excise Act. In that case, learned Chief Judicial Magistrate vide order dated 09.02.2019 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 22.02.2019 and thereafter learned trial Court again gave various dates viz 07.03.2019, 20.03.2019, 03.04.2019, 18.04.2019 and 02.05.2019 for the same purpose, but somehow trial could not be concluded till 24.04.2019, 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 Judicial Magistrate First Class rejected the applicant's application vide order dated 24.04.2019. Being aggrieved from that order applicant filed Criminal Revision No. 25/2019 and the same was dismissed by First Additional Sessions Judge, Hoshangabad vide order dated 20.05.2019 without going into the merits of the case observing that the impugned order was interim order and hence the revision was not maintainable against the impugned order. Being aggrieved from that order, applicant has preferred this petition.