Rajeev Kumar Dubey DECISION
Rajeev Kumar Dubey, J.
1. Shri Anil Kumar Tiwari, counsel for the applicant.
2. Shri Rajesh Tiwari, Govt. Advocate for the respondent/State.
3. This petition has been filed under Section 482 of the Cr.P.C. against the order dated 14.01.2019 passed by the learned Sessions Judge, Khandwa in Criminal Revision No. 107/2018, whereby learned Sessions Judge rejected the applicant's revision and affirmed the order dated 19.11.2018 passed by the learned Judicial Magistrate First Class, Khandwa in Cri. Case No. 1028/18, whereby learned JMFC rejected the applicant's application filed under Section 437(6) of the Cr.P.C. for releasing him on bail, without going into the merits of the case observing that the order passed by the JMFC under section 437(6) is an interlocutory order against which revision is not maintainable.
4. Brief facts of the case which are relevant for the disposal of this petition are that on 01.07.2018, on the information of informant, police stopped activa bike bearing registration No. MP-12-MM-5101 and seized 63 bulk liters of country made liquor which was illegally being carried by the applicant Monu @ Lakhan on that bike and registered Crime No. 377/2018 for the offence punishable under Section 34 (2) of Excise Act and arrested the applicant. After investigation of the crime, police filed charge sheet against the applicant. On that charge sheet Criminal Case No. 1028/2018 was registered against the applicant which is pending before Chief Judicial Magistrate, Khandwa. In that case, learned Chief Judicial Magistrate vide order dated 10.09.2018 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 17.09.2018 and thereafter learned trial Court again gave various dates viz 20.09.2018, 25.09.2018, 09.10.2018, 11.10.2018, 25.10.2018, 03.11.2018 and 16.11.2018 for the same purpose, but somehow trial could not be concluded till 19.11.2018, 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.
5. Learned Chief Judicial Magistrate rejected the applicant's application vide order dated 19.11.2018 observing that because the court of Chief Judicial Magistrate Khandwa has vacant for some time so the trial could not be concluded. So applicant is not entitled to get bail under section 436 (7) of Cr.P.C.. Being aggrieved from that order applicant filed Criminal Revision and the same was dismissed by Sessions Judge, Khandwa, vide order dated 14.01.2019 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.
6. Learned counsel for the applicant submitted that the applicant is in custody since 01.07.2018 and learned trial Court framed the charge against the applicant on 10.09.2018 and thereafter fixed the case for prosecution evidence for the first time on 17.09.2018 and till date, the prosecution has not been able to examine all prosecution witnesses and the trial is pending. He further submitted that since the trial could not be concluded within 60 days from the first date of recording of evidence, t........