RAMAN LODHI Vs. STATE OF M P

JUDGEMENT

(1.) This petition has been filed on 7.2.2019 under section 482 of the Code of Criminal Procedure on behalf of accused/petitioner Raman Lodhi.

(2.) It is an admitted fact that the petitioner was arrested on 1.5.2018 by Police Station, Bijawar, District Chhatarpur in connection with Crime No.97/2018 under section 25(1-B)(A) of Arms Act, 1959. The accused was produced before the Court on 2.5.2018. On 25.6.2018 the challan was filed before the Judicial Magistrate First Class, Bijawar, District Chhatarpur, who registered the Case No.RCT 234/18. On 14.9.2018 the trial court framed the charge under section 25(1-B)(A) of Arms Act and fixed the date for evidence of prosecution on 27.9.2018. During this period the accused filed the bail application under section 437 of CrPC, which was dismissed on 9.5.2018.

(3.) On 22.12.2018 an application was filed by the accused/petitioner under section 437(6) of CrPC. The Presiding Officer was on leave, therefore, In-Charge Judicial Officer (JMFC) decided the aforesaid application on the same date and dismissed the application. It was prayed in the application that from the date of 14.9.2018, 60 days have been passed, therefore, the petitioner is entitled to get the bail under section 437(6) of CrPC. The learned JMFC dismissed the aforesaid application and said that the registered offence is a serious and non-bailable offence and it is also appeared from the record that 17 other criminal cases are also registered against the petitioner, out of them 4 cases are under Arms Act. The petitioner also concealed the fact that his application for regular bail was earlier dismissed. The Court also mentioned that the accused is having criminal background, therefore, if the bail is granted then the possibility of his absconding cannot be denied. In other words, if the bail is granted to the accused, he will not appear before the Court.